Sanitary Code (PDF) - Erie County
Sanitary Code (PDF) - Erie County
Sanitary Code (PDF) - Erie County
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SANITARY CODE<br />
OF<br />
ERIE COUNTY<br />
ERIE COUNTY DEPARTMENT OF HEALTH<br />
BUFFALO, NEW YORK
THE SANITARY CODE OF THE ERIE COUNTY HEALTH DISTRICT<br />
ADOPTED MAY 7, 1948 - EFFECTIVE JUNE 15, 1948<br />
By the<br />
ERIE COUNTY BOARD OF HEALTH<br />
──────────────────<br />
TABLE OF CONTENTS<br />
ARTICLE I<br />
DEFINITIONS AND GENERAL PROVISIONS<br />
ARTICLE II<br />
COMMUNICABLE DISEASE<br />
(Deleted July 2000)<br />
ARTICLE III<br />
MILK, CREAM AND MILK PRODUCTS<br />
(Deleted July 2000)<br />
ARTICLE IV<br />
GENERAL SANITATION<br />
ARTICLE IV-A<br />
SEWER USE REGULATIONS<br />
(Transferred to <strong>County</strong> Dept. of Environmental Quality <strong>Code</strong>s)<br />
ARTICLE IV-B<br />
REGULATION OF INDIVIDUAL SEWAGE DISPOSAL SYSTEMS<br />
ARTICLE V<br />
WATER SUPPLIES<br />
(Deleted July 2000)<br />
ARTICLE VI<br />
SWIMMING POOLS AND BATHING BEACHES<br />
(Deleted August 1993)<br />
ARTICLE VI<br />
CAMPS<br />
(Deleted July 2000)
ARTICLE VII<br />
CAMPS<br />
(Deleted July 2000)<br />
ARTICLE VIII<br />
OFFENSIVE MATERIAL<br />
(Deleted July 2000)<br />
ARTICLE IX<br />
HOUSING HYGIENE AND PROPERTY MAINTENANCE<br />
ARTICLE X<br />
MEDICAL SERVICES<br />
ARTICLE XI<br />
SANITARY CONTROL OF DAY NURSERIES, DAY CARE CENTERS AND<br />
BOARDING HOMES FOR CHILDREN<br />
(Deleted 1976)<br />
ARTICLE XII<br />
RADIOLOGICAL HEALTH<br />
(Deleted July 2000)<br />
ARTICLE XIII<br />
FOOD HYGIENE<br />
(Deleted July 2000)<br />
ARTICLE XIV<br />
CODE FOR ERIE COUNTY AIR POLLUTION CONTROL<br />
(Transferred to <strong>County</strong> Dept. of Environmental Quality <strong>Code</strong>s)<br />
ARTICLE XV<br />
VALIDITY<br />
ARTICLE XVI<br />
EFFECTIVE DATE OF SANITARY CODE<br />
ARTICLE XVII<br />
COIN-OPERATED DRY CLEANING MACHINE INSTALLATIONS<br />
ARTICLE XVIII<br />
CONTROL OF ANIMAL BITES<br />
(Deleted July 2000)
ARTICLE XIX<br />
PEST CONTROL<br />
(Deleted July 2000)<br />
ARTICLE XX<br />
FUMIGATION AND EXTERMINATION<br />
(Deleted July 2000)<br />
ARTICLE XXI<br />
SMOKING IN PUBLIC PLACES<br />
(Deleted July 2000)<br />
ARTICLE XXII<br />
REGULATIONS OF TATTOO ARTISTS AND ESTABLISHMENTS
INTRODUCTORY NOTE<br />
Section 347, Title III of the Public Health Law of the State of New York, being<br />
Chapter 879 of the Laws of 1953 as amended, provides as follows:<br />
6. Upon the establishment of a board of health for a county or part-county health district<br />
as provided in this article, it shall exercise all the powers and perform all duties of<br />
local boards of health as provided in this chapter, and such board of health may<br />
formulate, promulgate, adopt and publish rules, regulations, orders and direction<br />
for the security of life and health in the health district which shall not be<br />
inconsistent with the provisions of this chapter and the <strong>Sanitary</strong> <strong>Code</strong>. Such<br />
rules, regulations, orders and directions shall be known as the <strong>Sanitary</strong> <strong>Code</strong> of<br />
such Health District.<br />
a. Every rule, regulation, order and direction adopted by a board of health<br />
shall state the date on which it takes effect, and a copy thereof signed by<br />
the county Health Commissioner or his deputy shall be filed as a public<br />
record in the department, in the county or part-county Department of<br />
Health and in the office of the <strong>County</strong> Clerk and shall be published in such<br />
manner as the Board of Health may from time to time determine.<br />
b. The county Health Commissioner or his deputy shall furnish certified<br />
copies of the <strong>Sanitary</strong> <strong>Code</strong> of the health district and its amendments for a<br />
fee of one dollar.<br />
c. Nothing herein contained shall be construed to restrict the power of any<br />
city or any village to adopt and enforce additional ordinances or enforce<br />
existing ordinances relating to health and sanitation provided that such<br />
ordinances are not inconsistent with the provisions of this chapter or the<br />
<strong>Sanitary</strong> <strong>Code</strong>.
ARTICLE I<br />
DEFINITIONS AND GENERAL PROVISIONS<br />
Section 1:<br />
Title<br />
The rules and regulations herein contained shall be known as the <strong>Sanitary</strong> <strong>Code</strong><br />
of the <strong>Erie</strong> <strong>County</strong> Health District.<br />
Section 2:<br />
Definitions.<br />
When used herein, unless otherwise expressly stated:<br />
(a)<br />
“Health District” shall mean the <strong>Erie</strong> <strong>County</strong> Health District established pursuant<br />
to the provision of Section 340 of the Public Health Law.<br />
(b)<br />
“Department of Health” shall mean the Board of Health of the <strong>Erie</strong> <strong>County</strong> Health<br />
District.<br />
(c)<br />
“Board of Health” shall mean the Board of Health of the <strong>Erie</strong> <strong>County</strong> Health<br />
District.<br />
(d)<br />
“Commissioner of Health” shall mean the Commissioner of Health of the <strong>Erie</strong><br />
<strong>County</strong> Department of Health or his duly authorized representative.<br />
(e)<br />
“<strong>Sanitary</strong> <strong>Code</strong>” shall mean and comprise the rules and regulations now or<br />
hereafter formulated, promulgated and adopted by the Board of Health of the<br />
<strong>Erie</strong> <strong>County</strong> Health District pursuant to Section 347 of the Public Health Law of<br />
the State of New York and Section 504 of the Charter of <strong>Erie</strong> <strong>County</strong>.<br />
(f)<br />
“State <strong>Sanitary</strong> <strong>Code</strong>” shall mean the sanitary code established by the Public<br />
Health Council of the State of New York.
(g)<br />
A “person” shall mean an individual, firm, corporation, association, municipality,<br />
public service district or public benefit corporation.<br />
Section 3:<br />
<strong>Sanitary</strong> <strong>Code</strong>. Where in Force.<br />
The provisions of the sanitary code shall be in force throughout the <strong>Erie</strong><br />
<strong>County</strong> Health District.<br />
Section 4:<br />
Enforcement by Local Boards of Health.<br />
It shall be the duty of the Commissioner of Health and of each local health<br />
officer in the <strong>Erie</strong> <strong>County</strong> Health District, existing pursuant to law, to enforce any<br />
and every regulation of the sanitary code.<br />
Section 5:<br />
<strong>Sanitary</strong> <strong>Code</strong>. Enforcement. Civil and Criminal. Penalties. Hearings;<br />
Procedures.<br />
(a)<br />
Pursuant to the provisions of the Public Health Law and the Charter of<br />
<strong>Erie</strong> <strong>County</strong>, the Commissioner of Health may:<br />
(1) issue subpoenas which shall be regulated by the civil practice law and<br />
rules;<br />
(2) compel the attendance of witnesses;<br />
(3) administer oaths to witnesses and compel them to testify;<br />
(4) issue warrants to any peace officer of the county or a municipality<br />
within the county to apprehend and remove any person or persons<br />
as cannot otherwise be subjected to his orders and regulations,
and to the Sheriff of <strong>Erie</strong> <strong>County</strong> to bring to his aid the power of the<br />
<strong>County</strong> whenever it shall be necessary to do so; and<br />
(5) prescribe and impose penalties for the violation of or failure to comply with<br />
any of his orders or regulations, or any of the regulations of the State<br />
<strong>Sanitary</strong> <strong>Code</strong> or any order made pursuant to such codes or to law after<br />
holding a hearing thereon. Such penalties shall not exceed five hundred<br />
dollars for a single violation or failure, to be sued for and recovered by the<br />
said Commissioner in any court of competent jurisdiction. Each day on<br />
which such violation or failure continues shall constitute a separate<br />
offense. Nothing herein contained shall be construed to exempt an<br />
offender from any other persecution or penalty provided by law.<br />
(b)<br />
No subpoena shall be served outside the jurisdiction of the <strong>Erie</strong> <strong>County</strong> Health<br />
District, and no witness shall be interrogated or compelled to testify upon matters<br />
not related to public health.<br />
(c)<br />
Every warrant issued by the Commissioner of Health shall be forthwith executed by<br />
the officer to whom directed, who shall have the same powers and be subject to<br />
the same duties in the execution thereof, as if it had been duly executed out of a<br />
court of record of the State.<br />
(d)<br />
Nothing contained in this section shall be construed to alter or repeal any existing<br />
provisions of law declaring such violations or any of them misdemeanors or<br />
felonies or prescribing a penalty therefore.<br />
(e)<br />
Pursuant to the provisions of Section 348 of the Public Health Law:
(i)<br />
the provisions of the <strong>Sanitary</strong> <strong>Code</strong> of the <strong>Erie</strong> <strong>County</strong> Health District shall<br />
have the force and effect of law; and<br />
(ii)<br />
any non-compliance or non-conformance with any provision of such<br />
<strong>Sanitary</strong> <strong>Code</strong> or of a rule or regulation duly made thereunder shall<br />
constitute a violation punishable by a fine of not more than two hundred fifty<br />
dollars or by imprisonment for not more than fifteen days or both such fine<br />
and imprisonment.<br />
(f)<br />
Complaints: Hearing<br />
In case of failure by conference conciliation and persuasion, to correct or remedy<br />
any violation of the <strong>Sanitary</strong> <strong>Code</strong> or of any rule or regulation adopted thereunder,<br />
the Commissioner of Health may cause to have issued and served upon the<br />
person complained against a written notice, together with a copy of the complaint<br />
made by him or a copy of the complaint made to him, which shall specify the<br />
provisions of the code, rule or regulation of which such person is said to be in<br />
violation, and a statement of the manner in which said person is said to violate it<br />
shall require the person so complained against to answer the charges of such<br />
complaint at a public hearing before the Commissioner at a time not less than 10<br />
days after the date of notice.<br />
(g)<br />
Complaints; Conduct of Hearing<br />
(i)<br />
The respondent to such complaint may file a written answer thereto and<br />
may appear at such hearing in person or by representative, with or without<br />
counsel and may submit testimony, or may do both.
(ii) The Commissioner of Health at the request of any respondent to a<br />
complaint made pursuant to this article shall subpoena and compel the<br />
attendance of such witnesses as the respondent may reasonably designate<br />
and the said Commissioner shall require the production for examination of<br />
any book or paper relating to the matter under investigation at any such<br />
hearing.<br />
(iii)<br />
The testimony at the hearing may be under oath and recorded steno<br />
graphically.<br />
(h)<br />
Order of Determination<br />
After due consideration of the written and oral statements, the testimony and<br />
arguments that shall be submitted under the provisions of Subsection (g) above, or<br />
default in appearance of the respondent on the return day which shall be specified<br />
on the notice given in Subsection (f) above, the Commissioner of Health may issue<br />
and enter such final order, or make such final determination as he shall deem<br />
appropriate under the circumstances, and he shall notify the respondent thereof in<br />
writing by certified mail.<br />
(i)<br />
Review<br />
Any final order or determination or other final action by the Commissioner of Health<br />
and the validity or reasonableness of any code, rule or regulation of the Board of<br />
Health shall be subject to review as provided in Article Seventy-eight of the Civil<br />
Practice Law and Rules.
Section 6:<br />
Interference with Notices.<br />
No person shall remove, mutilate or conceal any notice or placard of the<br />
Commissioner of Health posted in or on any premises or public place except<br />
by permission of the Commissioner or any authorized representative thereof.<br />
Section 7:<br />
Special Provisions<br />
The regulations of this <strong>Code</strong> shall be supplemental to the regulations, rules<br />
and orders of the State <strong>Sanitary</strong> <strong>Code</strong>, Public Health Law, Penal Law, and<br />
other New York State Laws relating to public health and shall, as to matters to<br />
which it refers, and in the territory prescribed therefore by law, supersede all local<br />
ordinances heretofore, or hereafter enacted inconsistent therewith.<br />
Section 8:<br />
Inspection Generally.<br />
(a)<br />
All premises covered by the regulations of this <strong>Sanitary</strong> <strong>Code</strong>, whether<br />
located in the <strong>County</strong> Health District or elsewhere, shall be subject to inspection<br />
by the Commissioner of Health and if any violation of the <strong>Sanitary</strong> <strong>Code</strong> exists on<br />
the premises, any permit granted by the Commissioner of Health may be<br />
suspended forthwith.<br />
(b)<br />
No person, firm or corporation shall refuse to allow the Commissioner of Health to<br />
fully inspect any and all premises and no person, firm or corporation shall molest or<br />
resist the Commissioner of Health in the discharge of his duties.
Section 9:<br />
Permits Generally.<br />
(a)<br />
All applications for permits or written approval herein required shall be made upon<br />
forms prescribed and furnished by the State Commissioner of Health, or the<br />
Commissioner of Health and shall be signed by the applicant who shall be the<br />
person, firm or corporation or authorized agent thereof, responsible for<br />
conformance to the conditions of the permit or approval applied for. Such<br />
application shall contain such data and information and be accompanied by such<br />
plans as may be required. A permit issued to a particular person, firm or<br />
corporation or for a designated place, purpose or vehicle shall not be valid for use<br />
by any other person, firm or corporation or for any other place, purpose or vehicles<br />
than that designated herein. Such permits or written approvals may contain<br />
general and specific conditions and every person, firm or corporation which shall<br />
have obtained a permit or written approval as herein required shall conform to the<br />
conditions prescribed in said permit or written approval and to the provisions of the<br />
<strong>Sanitary</strong> <strong>Code</strong>. Every such permit shall expire as stated on the permit and may be<br />
renewed by the Commissioner of Health, suspended for cause by the said<br />
Commissioner, or revoked by the said Commissioner after due notice and hearing.<br />
(b)<br />
No permit required by this <strong>Code</strong> may be issued unless and until proof has been<br />
submitted by the applicant for such permit that the use for which such permit is<br />
issued will not violate any zoning or other landuse regulation of any city, town or<br />
village, or of <strong>Erie</strong> <strong>County</strong>, or of any regional or other land use regulatory body<br />
having jurisdiction.
(c)<br />
The restrictions imposed by Subsection (b) of this section may be waived when the<br />
use for which a permit is to be issued is shown to be a part of a specific plan for<br />
environmental improvement, such plan having been duly adopted by the <strong>Erie</strong><br />
<strong>County</strong> Legislature.<br />
Passed and Effective 7/18/72.<br />
(d) Nothing herein shall prevent the Commissioner of Health, after reasonable collection<br />
efforts have been attempted, from revoking or suspending any permit that was<br />
previously issued by the Commissioner if the permit holder or operator owes any<br />
fines legally imposed by the Commissioner for violations of this <strong>Code</strong>, the New York<br />
State Public Health Law, the New York State <strong>Sanitary</strong> <strong>Code</strong> or any local law that the<br />
<strong>Erie</strong> <strong>County</strong> Health Department is required to enforce. The Commissioner of Health<br />
shall use due diligence to notify the permit holder of an impending revocation or<br />
suspension prior to executing an order for such action. Such notice shall be<br />
delivered to the operator, either by personal service or by certified mail, at least 14<br />
days prior to executing an order for such suspension or revocation.<br />
(e)<br />
Nothing herein shall prevent the Commissioner of Health, from revoking or<br />
suspending, for a period of time not to exceed Thirty (30) days, any permit that was<br />
previously issued by the Commissioner, for three (3) or more violations in a twentyfour<br />
(24) month period of the provisions of the New York State Public Health Law,<br />
this <strong>Code</strong> or any local law that the <strong>Erie</strong> <strong>County</strong> Health Department is required to<br />
enforce or earlier legal Orders of the Commissioner.<br />
Passed and effective December 8, 2006.
Section 10: Issuance of Licenses.<br />
Nothing herein contained shall be construed to restrict or abrogate the<br />
authority of any city or any village in the Health District to adopt and enforce additional<br />
ordinances or to enforce existing ordinances relating to the regulations, control and/or<br />
issuance of any license and/or renewal and/or revocation thereof, and to charge and<br />
collect a fee therefore, provided however, that whenever inspection as to health and<br />
sanitation is required, no such city or such village shall issue or renew such license<br />
without first having obtained approval from the Commissioner of Health of the<br />
compliance with the rules and regulations now or hereafter formulated, promulgated<br />
and adopted by the Board of Health pursuant to the provisions of Section 347 of the<br />
Public Health Law.
ARTICLE IV<br />
GENERAL SANITATION<br />
Section 1.<br />
Privies Generally, Definition.<br />
(a)<br />
“Privy” shall mean any facility or structure provided for the storage or structure<br />
provided for the storage or deposit of human excreta without water carriage.<br />
(b)<br />
No person shall permit the existence on any property, place, or premises of any<br />
privy, the use of which is abandoned or no longer necessary for the occupancy of<br />
the property or which is improperly maintained so as to exposed the contents<br />
thereof. Where a public sanitary sewer, a municipal or private water supply is<br />
available and accessible, the Commissioner of Health may issue an order,<br />
effective within not less than thirty (30) days, upon the owner of any property<br />
whereon a privy is located requiring said owner to abandon the use of and to<br />
remove said privy.<br />
(c)<br />
No privy shall be constructed under or within any building or structure intended or<br />
used for human occupancy.<br />
(d)<br />
All privies shall be properly enclosed and screened, ventilated, lighted, kept in<br />
repair and shall be maintained at all times in a clean and sanitary condition.<br />
(e) 1. No privy shall be within one hundred (100) feet of any place where food is<br />
prepared or served.<br />
2. No privy shall be within fifty (50) feet of any lake, reservoir or stream.<br />
3. No privy shall be located in the direct line of drainage to not less than one<br />
Hundred (100) feet in a horizontal direction from any water supply, intake
pipe, well, or spring used as a source of water supply.<br />
4. Privies, one hundred (100) feet to two hundred (200) feet from the source<br />
of a water supply shall be provided with water-tight vaults or receptacles,<br />
the contents of which shall be removed and disposed of in a sanitary<br />
manner.<br />
Section 2.<br />
Exposure of Sewage.<br />
(a)<br />
No person either as owner, lessee, or tenant of any property, dwelling, building or<br />
place, shall construct or maintain and/or operate any privy, cesspool, sewage<br />
disposal system, pipe or drain so as to expose or discharge the sewage contents<br />
or other offensive material or matter there from to the atmosphere, or on the<br />
surface of the ground, nor so as to endanger any source of supply of drinking<br />
water, nor as to discharge into a water course or body of water unless a permit<br />
for such discharge shall have been issued therefore by the appropriate State<br />
officer or his duly authorized designee and such discharge shall be made in<br />
accordance with the requirements thereof.<br />
(b)<br />
No facilities for the private disposal of sewage shall be constructed under or<br />
within any building or structure and no building or structure shall be erected on<br />
an area within which private sewage disposal facilities are in use unless special<br />
permission has been obtained therefore from the Department of Health.<br />
(c)<br />
No person shall permit the disposal of any substance into any plumbing line,<br />
sewer, privy, or separate sewage disposal system other than that which said<br />
facility is designed or is intended to receive.
(d)<br />
Transferred to <strong>County</strong> Department of Environmental Quality <strong>Code</strong>s.<br />
Section 3.<br />
Sewer Connections Required.<br />
(transferred to <strong>County</strong> Department of Environmental Quality <strong>Code</strong>s).<br />
Section 4.<br />
Temporary Toilet Facilities on Construction.<br />
Any person employing men on the construction of any highway, building or<br />
structure, shall provide or cause to be provided a temporary privy or privies or<br />
other satisfactory toilet facilities at a convenient place upon the premises, or<br />
readily accessible thereto and the same shall be properly enclosed and the<br />
contents thereof shall be completely covered with clean inert material or<br />
otherwise effectively treated or removed immediately at the end of each shift or<br />
working day.<br />
Section 5.<br />
Cleanliness of Public Toilets.<br />
Any person who provides a toilet for the use of employees, patrons or<br />
members or available to the public, shall maintain such toilet at all times in a<br />
clean, well lighted, ventilated and sanitary condition. The floor of any such toilet<br />
under and adjacent to a urinal fixture shall be impervious to moisture and<br />
properly drained. No towel, hairbrush or comb, shall be provided for common<br />
use in any such toilet or in a washroom, rest room or locker room adjacent<br />
thereto. The term “common use” shall mean use by more than one person<br />
without effective disinfection. The owner of a building or dwelling, or his agent in
charge thereof, wherein two or more tenants shall have common use of a toilet or<br />
privy, shall be responsible for the maintenance of such toilet or privy in repair and<br />
in a clean and sanitary condition. Facilities for washing and drying hands shall<br />
always be available, including soap dispensed in a sanitary manner.<br />
Section 6. Permit Required for Sewage Disposal System; Permit Fee.<br />
(a)<br />
No person either as owner, the agent thereof, or lessee or tenant, shall<br />
undertake to construct or provide a system or facilities for the separate disposal<br />
of waterborne sewage, domestic or trade wastes to serve any building, dwelling,<br />
school, institution, or premises in or from which such wastes may be discharged,<br />
unless such construction conforms to standards approved by the Commissioner<br />
of Health provided that such approval shall not be required when a permit<br />
therefore has been issued by the State Commissioner of Health.<br />
(b)<br />
No permit required by subsection (a) of this section shall be issued until and<br />
unless the applicant shall have paid to the Commissioner of Health a permit fee<br />
of Forty ($40) Dollars.<br />
To be effective 30 (30) days after passage on 7/18/72.<br />
Section 7.<br />
Definitions. The following definitions shall apply to Sections 8, 9 and 10 of<br />
this Article.<br />
(a)<br />
The term “synthetic detergent” or “detergent” means any cleaning compound<br />
which is available for household use, laundry use, other personal uses or<br />
industrial use, which is composed of organic and inorganic compounds, including
soaps, water softeners, surface active agents, dispersing agents, foaming<br />
agents, buffering agents, builders fillers, dyes, enzymes, fabric softeners and/or<br />
other additives, whether in the form of crystals, powders, flakes, liquids, sprays,<br />
or any other form.<br />
(b)<br />
The term “machine dishwasher” means equipment manufactured for the purpose<br />
of cleaning dishes, glassware and other utensils involved in food preparation,<br />
consumption or use, using a combination of water agitation and high<br />
temperatures.<br />
(c)<br />
The terms “dairy equipment”, “beverage equipment”, and “ food processing<br />
equipment” mean that equipment used in the production of milk and dairy<br />
products, foods and beverages, including the processing, preparation or<br />
packaging thereof for consumption.<br />
(d)<br />
The term “industrial cleaning equipment” means machinery and other tools used<br />
in cleaning processes during the course of industrial manufacturing, production<br />
and assembly.<br />
Section 8.<br />
(a)<br />
No person shall sell, offer or expose for sale, give or furnish for re-sale or use in<br />
<strong>Erie</strong> <strong>County</strong> any synthetic detergent or detergent containing more than eight and<br />
seven-tenth percent (8.7%) of the phosphorous by weight, expressed as<br />
elemental phosphorous, within the <strong>County</strong> of <strong>Erie</strong> Health District from and after<br />
May 11, 1971.<br />
(b)<br />
No person shall sell, offer or expose for sale, give or furnish for re-sale or use in<br />
<strong>Erie</strong> <strong>County</strong> any synthetic detergent or detergent containing any phosphorous,
expressed as elemental phosphorous, within the <strong>County</strong> of <strong>Erie</strong> Health District<br />
after January 1, 1972.<br />
Section 9.<br />
The concentration by weight of phosphorous in any detergent shall be<br />
determined by the method prescribed from time to time by the American Society<br />
for Testing and Materials.<br />
Section 10. Not withstanding the foregoing, synthetic detergents of detergents<br />
manufactured for use in machine dishwashers, dairy equipment, beverage<br />
equipment, food processing equipment and industrial cleaning equipment shall<br />
not be subject to the limitations prescribed in Sections 8 and 9.<br />
Section 11. Water & Sewage Service for Multiunit Complexes<br />
(Transferred to <strong>County</strong> Dept. of Environmental Quality <strong>Code</strong>s).<br />
Section 12. Transfer of Title to Property; Certification by Commissioner of<br />
Health;Certification Fee.<br />
(a)<br />
No person shall transfer to any other person, nor accept from any other person,<br />
the transfer of the title to any structure or parcel of land on which a structure is<br />
located, provided such structure is to be used for human occupancy, unless and<br />
until the Commissioner of Health shall have examined the water supply and<br />
sewage disposal system serving such structure and issued a certificate that the<br />
water supply conforms to the standards of Article V of this code and applicable
standards of the State Commissioner of Health, and that the sewage disposal<br />
system is in conformity with Section 2 of this Article. The operation of this<br />
section shall not be applicable to the following: transfers in a foreclosure action;<br />
transfers without consideration and other than in connection with a sale, including<br />
transfers conveying realty as bona fide gifts; transfers in connection with a<br />
partition; transfers pursuant to the Federal Bankruptcy Act; transfers for which<br />
the consideration is $100 or less.<br />
(b)<br />
No such certification of the water supply need be applied for or made if the water<br />
supply serving the structure is an approved public water supply as defined in<br />
Article V of this <strong>Code</strong>. No such certification of the sewage disposal system need<br />
be applied for or made if the sewage originating in the structure discharged only<br />
to a public sewer owned and operated by a public sewer or other special service<br />
district.<br />
(c)<br />
The Commissioner of Health may waive the requirement of certification as a<br />
prerequisite to transfer of title as herein before specified provided that the<br />
prospective purchaser shall have filed with the said Commissioner a written<br />
guarantee to correct any deficiencies of the water supply or sewage disposal<br />
system within a period of time to be specified by the said Commissioner, and<br />
shall have posted a bond of One Thousand ($1,000.00) Dollars which bond shall<br />
be forfeit if needed corrections of the water supply and sewage disposal systems<br />
are not completed within the time specified in the written guarantee.<br />
(d)<br />
No certification as specified in subsection (a) of this section, nor no waiver as<br />
specified in subsection (c) of this section shall be issued until and unless
there have been paid to the Commissioner of Health a certification fee.*<br />
(e)<br />
The Commissioner of Health may grant an exception from any requirement<br />
of this rule, on such terms as may be just, when in his discretion the enforcement<br />
of any such requirement will<br />
(i) cause undue financial or other hardship due to the imminent<br />
construction of public sewage facilities, or<br />
(ii) result in any other extreme hardship, provided that no such exception<br />
shall be granted if a serious health hazard exists or will occur as a<br />
result of the granting of any such exception.<br />
Section 13. (Reserved).<br />
Section 14. Use of Septic Tanks in Subdivisions<br />
(a)<br />
Definition. When used in this section, the term realty subdivision shall have the<br />
meaning ascribed to it in Section 115 of the New York State Public Health Law,<br />
and Section 17-1501 of the New York State Environmental Conservation Law.<br />
(b)<br />
The Commissioner of Health may approve realty subdivision submitted after the<br />
effective date of this section if:<br />
(1) The subdivision will be served by adequate public sanitary sewers prior to<br />
the occupancy of any residential unit within the subdivision; or<br />
(2) The subdivision will contain forty-nine or less lots, is within a sewer district,<br />
the Commissioner finds that adequate public sanitary sewers will be<br />
*See Article I, Section 11 for current Fee Schedule
available and accessible within five years of the date of the application,<br />
and all necessary state and federal approvals have been obtained for said<br />
public sanitary sewers; or<br />
(3) The subdivision is outside a sewer district, will contain forty-nine or less<br />
lots, the percolation rate for the soil in the subdivision is at least one inch<br />
in sixty minutes, and adequate public sanitary sewers are not available<br />
and accessible.
ARTICLE IV-A<br />
SEWER USE REGULATIONS<br />
(Transferred to <strong>County</strong> Dept. of Environmental Quality <strong>Code</strong>s)
ARTICLE IV-B<br />
REGULATION OF INDIVIDUAL SEWAGE DISPOSAL SYSTEMS<br />
Passed December 19, 1973<br />
Section 1. Definitions<br />
(a)<br />
When used in this Article the term” individual sewerage system” means a system<br />
or piping, tanks or other facilities disposing of sewage or other liquid wastes into<br />
the soil.<br />
(b)<br />
When used in this Article the term “dwelling unit” shall mean dwelling unit as<br />
defined in Section 21.7, Title 10 of the New York State <strong>Code</strong>s, Rules and<br />
Regulations.<br />
Section 2.<br />
No person, firm or corporation shall construct or place an individual<br />
sewerage system on any premises or part thereof except as permitted by<br />
the Commissioner of Health. The Commissioner of Health shall regulate<br />
and control the construction of individual sewerage systems in permissible<br />
locations in <strong>Erie</strong> <strong>County</strong>. The Commissioner shall establish and publish<br />
construction specifications and performance standards for individual sewerage<br />
systems. Such specifications and standards for individual sewerage systems.<br />
Such specifications and standards shall not be less restrictive than the minimum<br />
specifications and standards set out in the Manual of Septic Tank Practice of the<br />
United States Department of Health, Education and Welfare, and applicable<br />
rules and regulations of the New York State Department of Health, and New<br />
York State Department of Environmental Conservation. The Commissioner may
establish separate classes of construction specifications and performance<br />
standards for individual sewerage systems for different types of realty<br />
developments and land uses. These may include, but need not be limited to,<br />
separate classifications for single family dwellings, multiple dwellings,<br />
commercial or industrial uses, realty subdivisions, and for systems within cities or<br />
villages.<br />
Section 3.<br />
No person, firm or corporation shall construct or place on any premises<br />
any individual sewerage system, or part of such system in any of the following<br />
locations.<br />
(a)<br />
within the limits of any sewer district in <strong>Erie</strong> <strong>County</strong> where public sanitary<br />
sewer collections lines and municipal or private water supply are available and<br />
accessible;<br />
(b)<br />
within 200 feet of any reservoir or ground water aquifer for a public water<br />
supply, or within 100 feet of any other body of water, or within such<br />
greater distance of a reservoir or body of water as the Commissioner<br />
determines is required to protect the quality of the reservoir or body of water in<br />
accordance with water quality standards set by the New York State Department<br />
of Health or Environmental Conservation.<br />
Section 4.<br />
The Commissioner of Health may permit the construction of individual<br />
sewerage systems in permissible locations in <strong>Erie</strong> <strong>County</strong> subject to the<br />
following limitations:
(a)<br />
Within cities or villages<br />
Systems to serve buildings or structures within the corporation limits of a city or<br />
village may be permitted by the Commissioner if:<br />
(1) the governing body of the affected city or village, or the mayor’s<br />
delegate, approves construction of the proposed individual sewerage<br />
system; and<br />
(2) the site and soil conditions are adequate to permit the proposed systems<br />
to satisfy performance standards established by the Commissioner for<br />
individual sewerage systems within cities or villages.<br />
(b)<br />
Outside cities or villages, but within a sewer district.<br />
Systems to serve buildings or structures which are located outside a city or<br />
village, but which are within a sewer district, may be permitted by the<br />
Commissioner if:<br />
(1) the Commissioner finds that public sanitary sewers will be available and<br />
accessible to the buildings or structures within ten (10) years of the date of<br />
the application and all necessary state and federal approvals have been<br />
obtained for such sewers; and<br />
(2) the site is adequate to meet the construction specifications and satisfy the<br />
performance standards established by the Commissioner for systems to<br />
serve the type of development proposed for the site.<br />
(c)<br />
Outside cities or villages and not within a sewer district, or in a location not to be<br />
served by public sanitary sewers. Systems to serve buildings or structures which<br />
are not within a sewer district, or which are in a location which the Commissioner
finds will not be served by public sanitary sewers within ten (10) years of the date<br />
of application, may be permitted by the Commissioner if:<br />
(1) the site is adequate to meet the construction specifications and<br />
performance standards established by the Commissioner for systems to<br />
serve the type of development proposed for the site; and<br />
(2) in cases where a conventional septic tank system is permitted, the site will<br />
provide adequate unimproved space to allow construction of a complete<br />
replacement system in the event the first system fails; and<br />
(3) in cases where a septic tank and tile field in fill is permitted, the site<br />
provides a minimum of (20,000 square feet) ¾ acre for each dwelling unit.<br />
Section 5.<br />
No permit issued under this Article shall be deemed to authorize any<br />
action prohibited by or under the New York Public Health Law or New York<br />
Environmental Conservation Law.<br />
Section 6.<br />
Enforcement<br />
(a)<br />
Inspection – Any individual sewerage system located in the <strong>County</strong> of <strong>Erie</strong> shall<br />
be subject to inspection by the Commissioner of Health.<br />
(b)<br />
If the Commissioner of Health determines that an individual sewerage system is<br />
not in conformity with Section 2, Article IV, the person, firm or corporation that<br />
owns, maintains, or operates the individual sewerage system shall immediately<br />
correct such system.If the Commissioner of Health determines that the continued<br />
use and operation of any individual sewerage system results in or contributes to
a public health hazard or nuisance, he may order the immediate cessation of any<br />
use of the individual sewerage system.<br />
(c)<br />
The construction, maintenance or operation of an individual sewerage system in<br />
violation of the provisions of the <strong>Erie</strong> <strong>County</strong> <strong>Sanitary</strong> <strong>Code</strong> shall be subject to<br />
penalties, both civil and criminal, in accordance with provisions of the <strong>Erie</strong><br />
<strong>County</strong> <strong>Sanitary</strong> <strong>Code</strong>. Any construction, maintenance or use in a twenty-four<br />
(24) hour period shall constitute a separate, independent violation.<br />
(d)<br />
Nothing contained in this Section shall be construed to alter or repeal any existing<br />
provisions of law or provisions of the <strong>Erie</strong> <strong>County</strong> <strong>Sanitary</strong> <strong>Code</strong> in regard to the<br />
provision of penalties to or enforcement of a violation of the <strong>Erie</strong> <strong>County</strong> <strong>Sanitary</strong><br />
<strong>Code</strong>, Article IV-A.<br />
Section 7.<br />
This Article shall become effective immediately upon adoption by the<br />
Board of Health of <strong>Erie</strong> <strong>County</strong>.
ARTICLE IX<br />
HOUSING HYGIENE AND PROPERTY MAINTENANCE<br />
Section<br />
GENERAL PROVISIONS<br />
1.1 Introduction<br />
1.2 Purposes<br />
1.3 Title<br />
1.4 Application and scope<br />
1.5 Dwelling unfit for human habitation<br />
1.6 Inspection and enforcement<br />
1.7 Definitions<br />
RESPONSIBILITY OF OWNERS AND OCCUPANTS<br />
1.8 Occupancy and letting<br />
1.9 Owner to maintain in clean and sanitary condition<br />
1.10 Occupant to maintain in clean and sanitary condition<br />
1.11 Occupant to dispose of rubbish<br />
1.12 Occupant to dispose of garbage<br />
1.13 Containers to be provided for rubbish and garbage<br />
1.14 Responsibility for extermination<br />
1.15 Rodent control<br />
1.16 Occupant’s responsibility as to supplied fixtures and facilities<br />
1.17 Owners to maintain property free of standing water
1.18 Nuisances<br />
MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES<br />
1.19 Basic equipment and facilities required for dwelling or dwelling unit occupied or<br />
let for living, sleeping, cooking or eating<br />
MINIMUM STANDARD FOR LIGHT AND VENTILATION<br />
1.20 Light and ventilation required for rooming house, rooming unit, bed and<br />
breakfast dwelling or dwelling unit occupied or let for living purposes<br />
MINIMUM THERMAL STANDARDS (HEATING AND COOLING)<br />
1.21 Thermal requirements for occupying or letting, for living purposes<br />
GENERAL REQUIREMENTS RELATING TO SAFE AND SANITARY PROPERTY<br />
MAINTENANCE<br />
1.22 Maintenance and installation requirements for dwelling, dwelling unit, rooming<br />
house, rooming unit, bed and breakfast occupied or let for living purposes<br />
1.23 Discontinuance of services, facilities, equipment or utilities<br />
MAXIMUM DENSITY, MINIMUM SPACE, USE AND LOCATION REQUIREMENTS<br />
1.24 Specifications of requirements
ROOMING HOUSES AND BED AND BREAKFASTS<br />
1.25 General<br />
1.26 Permit<br />
1.27 Requirements for toilet room, water closet, lavatory and bathtub or shower in a<br />
rooming house and bed and breakfast.<br />
1.28 Cooking and dining<br />
1.29 Locks for doors<br />
1.30 Bed linen and towels<br />
1.31 Floor space for sleeping rooms<br />
1.32 Egress
GENERAL PROVISIONS<br />
Section<br />
1.1 Introduction. There exist and may in the future exist, within the <strong>County</strong> of <strong>Erie</strong>,<br />
structures, equipment, exterior property, premises, dwellings, dwelling units, rooming<br />
houses, rooming units, bed and breakfasts or parts thereof, which by reason of their<br />
structure, equipment, sanitation, maintenance, use, or occupancy affect or are likely<br />
to affect adversely the public health (including the physical, mental and social wellbeing<br />
of persons and families), safety, and general welfare. To correct and prevent<br />
the existence of such adverse conditions, and to achieve and maintain such levels of<br />
residential environmental quality as will protect and promote public health, safety,<br />
and general welfare, the establishment and enforcement of minimum housing,<br />
hygiene and property maintenance standards are required.<br />
1.2 Purposes. It is hereby declared that the purpose of this Article is to protect,<br />
preserve, and promote the physical and mental health and social well-being of the<br />
people, to minimize the incidence of communicable diseases, to regulate privately<br />
and publicly owned structures, equipment, exterior property, premises, dwellings,<br />
dwelling units, bed and breakfasts, rooming units, or parts thereof for the purpose of<br />
maintaining adequate sanitation and public health, and to protect the safety of the<br />
people and to promote the general welfare by regulations which shall be applicable<br />
to all structures, equipment, exterior property, premises, bed and breakfasts,<br />
dwellings, dwelling units, rooming units, or parts thereof now in existence or<br />
hereafter constructed. It is hereby further declared that the purpose of this Article is<br />
to insure that the quality of housing and other properties is adequate for protection of<br />
public health, safety and standards for basic equipment and facilities for healthful<br />
living, such as adequate water, waste disposal, bathroom facilities, light, ventilation,
heating and cooling, for safety from fire and accidents, and for an adequate level of<br />
maintenance, setting forth the responsibilities of owners, operators and occupants of<br />
dwellings; and establishing the necessary provisions for administration and<br />
enforcement.<br />
1.3 Title. This article shall be known and may be cited as the <strong>Erie</strong> <strong>County</strong> <strong>Sanitary</strong><br />
<strong>Code</strong> Article IX.<br />
1.4 Application and scope.<br />
(a) Application. The requirements of this Article shall:<br />
(1) When adopted by the appropriate local authority, apply within <strong>Erie</strong> <strong>County</strong>.<br />
(2) Apply to all structures, equipment, exterior property, premises, rooming<br />
houses, bed and breakfasts, dwellings, dwelling units, rooming units, or parts<br />
thereof within the jurisdiction of <strong>Erie</strong> <strong>County</strong>, except those regulated under<br />
Parts 7 and 15 of the New York State <strong>Sanitary</strong> <strong>Code</strong>.<br />
(b) <strong>Erie</strong> <strong>County</strong> Commissioner of Health may direct enforcement. Notwithstanding<br />
the limits of application and administration set forth in the preceding subdivision,<br />
the <strong>Erie</strong> <strong>County</strong> Commissioner of Health may enforce the requirements of this<br />
Article in any area where a danger or hazard to the public health shall or is likely<br />
to exist because of housing, hygiene and/or property maintenance conditions.<br />
(c) Construction. It is intended that the application of the provisions of this Article be<br />
consistent with the provisions of applicable State and local laws, codes, rules and<br />
regulations; provided, however, that where the provisions of this Article are more<br />
restrictive, they shall govern, and where the provisions of such applicable State<br />
or local laws, codes, rules and regulations are more restrictive, they shall govern.
(d) Variance. The <strong>Erie</strong> <strong>County</strong> Commissioner of Health may, on written application<br />
and after review, grant a variance from a specific provision of this Article in a<br />
specific case subject to appropriate conditions where such variance is in<br />
harmony with the general purpose and intent of this Article, and where there are<br />
practical difficulties or unnecessary hardship in carrying out the strict letter of its<br />
provision.<br />
(e) Separability. If any provisions of this Article are held invalid, such invalidity shall<br />
not affect other provisions which shall be given effect without the invalid<br />
provisions.<br />
1.5 Dwelling unfit for human habitation. Whenever the <strong>Erie</strong> <strong>County</strong> Board of Health<br />
or <strong>Erie</strong> <strong>County</strong> Commissioner of Health finds that any structure, equipment, exterior<br />
property, premises, rooming house, bed and breakfast, dwelling, dwelling unit,<br />
rooming unit constitutes a serious hazard to the health and/or safety of the occupant<br />
or to the public because it is dilapidated, unsanitary, vermin-infested or lacking in the<br />
facilities required by this Article, he/she may designate such dwelling unfit for human<br />
habitation, order the dwelling vacated, and may cause to be posted on the main<br />
entrance of any dwelling so closed, a placard with the following words: “Use of this<br />
building for human habitation is prohibited and unlawful.” If the owner fails to comply<br />
with an order issued by the <strong>Erie</strong> <strong>County</strong> Board of Health or <strong>Erie</strong> <strong>County</strong><br />
Commissioner of Health, such board of health or Commissioner of Health may order<br />
such dwelling to be removed or demolished as provided for by applicable <strong>County</strong> law<br />
and laws and regulations of the town, village or city having jurisdiction. The<br />
provisions of this section are applicable also to unoccupied dwellings and the<br />
owners thereof shall be chargeable with compliance.
1.6 Inspection and enforcement.<br />
(a) Inspection.<br />
(1) The <strong>Erie</strong> <strong>County</strong> Commissioner of Health and any person authorized by<br />
him/her to do so, may without fee or hindrance, make inspections to<br />
determine the condition of structures, equipment, exterior property, premises,<br />
rooming houses, bed and breakfasts, dwellings, dwelling units, rooming units,<br />
or parts thereof and the premises on which they are located, in order to fulfill<br />
the purposes of this Article.<br />
(2) For the purpose of making such inspections, the inspector is hereby<br />
authorized to enter, examine and survey all structures, equipment, exterior<br />
property, premises, rooming houses, bed and breakfast, dwellings, dwelling<br />
units, rooming units, or parts thereof. Except for emergencies, or where<br />
authorized by other law, or for the convenience of the occupant or owner,<br />
such inspections shall be made between the hours of 7 am and 9 pm.<br />
(3) The owner, the operator and the occupant shall give the inspector free access<br />
to the structures, equipment, exterior property, premises, rooming houses,<br />
bed and breakfast, dwellings, dwelling units, rooming units, or parts thereof<br />
for the purpose of such an inspection.<br />
(b) Enforcement.<br />
(1) Evidence of a violation of this Article discovered during such inspection shall<br />
not be used against the violator in either a criminal or civil proceeding except<br />
under the following conditions:
(i) Written notice of said violation shall be left with or mailed to the person<br />
responsible for correction of such violation or in the alternative such notice<br />
shall be posted in a conspicuous place upon the structures, equipment,<br />
exterior property, premises, rooming house, bed and breakfast, dwellings,<br />
dwelling units, rooming units, or parts thereof where the violation is<br />
discovered.<br />
(ii) Said written notice states a specific and reasonable time within which such<br />
violation shall be eliminated; and<br />
(iii) At the end of such time the violation has not been eliminated.<br />
(2) Noncompliance or nonconformance; penalties. Noncompliance or<br />
nonconformance with any provision of this Article constitutes a violation<br />
punishable on conviction pursuant to the provisions of Article I of the <strong>Erie</strong><br />
<strong>County</strong> <strong>Sanitary</strong> <strong>Code</strong>.<br />
1.7 Definitions.<br />
(a) ACCESSORY STRUCTURE shall mean a structure not more than three stories<br />
high with separate means of egress, a building, the use of which is incidental to<br />
that of the main building and which is located on the same lot.<br />
(b) APPROVED shall mean approved by the <strong>Erie</strong> <strong>County</strong> Commissioner of Health.<br />
(c) BED AND BREAKFAST shall mean an owner occupied residence resulting from<br />
a conversion of a one-family dwelling, used for providing overnight<br />
accommodations and a morning meal to not more than ten (10) transient lodgers,<br />
and containing not more than five bedrooms for such lodgers.<br />
(d) CENTRAL HEATING SYSTEM shall mean a single system supplying heat to<br />
one or more dwelling unit(s) or more than one rooming unit(s).
(e) CONDITION CONDUCIVE TO LEAD POISONING shall exist when at least one<br />
of the following conditions exists:<br />
(1) most dwellings in a designated area were constructed before 1960.<br />
(2) more than 20 percent of the dwellings in a designated area are dilapidated or<br />
deteriorating.<br />
(3) lead hazards or children with elevated blood lead levels have been previously<br />
identified in the same building or the same area.<br />
(4) paint or other similar surface-coating material containing lead in a condition<br />
accessible for ingestion or inhalation or where peeling or chipping of the paint<br />
or other similar surface-coating material occurs or is likely to occur;<br />
(5) other environmental conditions which may result in significant lead exposure.<br />
(f) DWELLING shall mean any building or structure that contain one or more<br />
dwelling unit(s), rooming units, or bed and breakfast units used, intended, or<br />
designed to be built, used, rented, leased, let or hired out to be occupied, or that<br />
are occupied for living purposes.<br />
(g) DWELLING UNIT shall mean a single unit providing complete independent living<br />
facilities for one or more persons, including permanent provisions for living,<br />
sleeping, eating, cooking and sanitation.<br />
(h) EGRESS, MEANS OF shall mean a continuous and unobstructed path of vertical<br />
and horizontal egress travel from any point in a building or structure to a public<br />
way. A means of egress consists of three separate and distinct parts: the exit<br />
access, the exit and the exit discharge.
(i) EXIT ACCESS shall mean that portion of a means of egress system that leads<br />
from any occupied point in a building or structure to an exit.<br />
(j) EXIT shall mean that portion of a means of egress system which is separated<br />
from other interior spaces of a building or structure by fire-resistance-rated<br />
construction and opening protectives as required to provide a protected path of<br />
egress travel between exit access and the exit discharge. Exits include exterior<br />
exit doors at ground level, exit enclosures, exit passageways, exterior exit stairs,<br />
exterior exit ramps and horizontal exits.<br />
(k) EXIT DISCHARGE shall mean that portion of a means of egress system<br />
between the termination of an exit and the public way.<br />
(l) EXIT, HORIZONTAL shall mean a path of egress travel from one building to an<br />
area in another building on approximately the same level, or a path of egress<br />
travel through or around a wall or partition to an area on approximately the same<br />
level in the same building, which affords safety from fire and smoke from the area<br />
of incidence and areas communicating therewith.<br />
(m)EXTERIOR PROPERTY shall mean the open space on the premises and on<br />
adjoining property under the control of owners or operators of such premises.<br />
(n) EXTERMINATION shall mean the control and elimination of insects, rodents, or<br />
other pests by eliminating their harborage places, by removing or making<br />
inaccessible materials that may serve as their food, by application of pesticide(s),
trapping or by another recognized and legal pest elimination methods approved<br />
by the local or State authority having such administrative authority.<br />
(o) FAMILY shall mean one adult person plus one or more persons who are legally<br />
related to said person and residing in the same dwelling unit with said person.<br />
(p) ERIE COUNTY COMMISSIONER OF HEALTH shall mean the Health<br />
Commissioner of <strong>Erie</strong> <strong>County</strong> or his/her duly authorized representative<br />
(q) GARBAGE shall mean the animal and vegetable waste resulting from the<br />
handling, preparation, cooking, serving and consumption of food.<br />
(r) GUEST shall mean any person who shares a dwelling unit in a nonpermanent<br />
status for not more than 30 days.<br />
(s) HABITABLE SPACE shall mean a space in a structure for living, sleeping,<br />
eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility<br />
spaces, and similar areas are not considered habitable spaces.<br />
(t) HEATED WATER shall mean water supplied to a fixture at a temperature of not<br />
less than 120°F.<br />
(u) HOUSEHOLD shall mean a family and/or one or more unrelated persons, who<br />
share the same dwelling and use some or all of its cooking and eating facilities.<br />
It shall include servants and not more than two boarders.
(v) INDIVIDUAL SEWERAGE SYSTEM shall mean a system or piping, tanks or<br />
other facilities disposing of sewage or other liquid wastes into the soil.<br />
(w) INFESTATION shall mean the presence within or contiguous to a structure or<br />
premises of insects, rats, vermin or other pests.<br />
(x) KITCHEN shall mean any room used primarily for cooking or preparation of food<br />
and containing any or all of the following equipment; sink and/or other device for<br />
dishwashing, stove or other device for cooking, refrigerator or other device for<br />
cool storage of food. Where a room is used for cooking and preparation of food,<br />
but not primarily so used, kitchen shall mean that portion of such room which<br />
contains the above equipment and an area within three feet of such equipment.<br />
(y) LEAD SAFE WORK PRACTICES shall mean the method by which all lead<br />
hazard control activities are performed. This includes, but is not limited to,<br />
implementing those dust control and clean-up methods discussed in the EPA<br />
Renovation, Repair and Painting Rule. These methods include, but are not<br />
limited to:<br />
(1) Removing or covering all objects in the work area.<br />
(2) Closing and covering all forced air HVAC ducts in the work area.<br />
(3) Closing all windows in the work area.<br />
(4) Closing and sealing all doors in the work area. Doors within the work area<br />
that must be used while the job is being performed must be covered with<br />
plastic sheeting or other impermeable material in a manner that allows<br />
workers to pass through, while confining dust and debris to the work area.
(5) Covering the floor surface, including installed carpet, with taped-down plastic<br />
sheeting in the work area.<br />
(6) All personnel, tools, and other items, including the exterior of containers of<br />
waste, must be free of dust and debris when leaving the work area.<br />
(z) LET FOR OCCUPANCY OR LET shall mean to permit, provide or offer<br />
possession or occupancy of a dwelling, dwelling unit, rooming house, rooming<br />
unit, bed and breakfast, building, premise or structure by a person who is or is<br />
not the legal owner of record thereof, pursuant to a written or unwritten lease,<br />
agreement or license, or pursuant to a recorded or unrecorded agreement of<br />
contract for the sale of land.<br />
(aa) MEANING OF CERTAIN WORDS. Whenever the words “Dwelling”, “dwelling<br />
unit”, “bed and breakfast”, “rooming house”, “rooming unit”, “premises”,<br />
“structure” are used in this Article, they shall be construed as though they were<br />
followed by the words “or any part thereof.” Words used in the singular include<br />
the plural, and the plural the singular, the masculine gender includes the feminine<br />
and the feminine the masculine.<br />
(bb) MULTIPLE DWELLING shall mean any dwelling containing more than two<br />
dwelling units or more than four roomers.<br />
(cc) NOXIOUS WEED(S) shall mean any living stage, such as seeds and<br />
reproductive parts, of any parasitic or other plant of a kind, which is of foreign<br />
origin, is new to or not widely prevalent in the United States, and can directly or<br />
indirectly injure crops, other useful plants, livestock, or poultry or other interests
of agriculture, including irrigation, or navigation, or the fish or wildlife resources of<br />
the United States or the public health.<br />
(dd) NUISANCE (a.k.a. PUBLIC NUISANCE, PUBLIC HEALTH NUISANCE) shall<br />
mean whatever is dangerous to human life or detrimental to health.<br />
(ee) OCCUPANCY shall mean the purpose for which a building or portion thereof is<br />
utilized or occupied.<br />
(ff)<br />
OCCUPANT shall mean any individual living or sleeping in a building, or having<br />
possession of a space within a building; except that in dwelling units a guest will<br />
not be considered an occupant.<br />
(gg) OPERATOR shall mean any person who has charge, care or control of a<br />
structure or premises which is let or offered for occupancy.<br />
(hh) OWNER shall mean any person, agent, operator, firm or corporation having legal<br />
or equitable interest in the property; or recorded in the official records of the<br />
state, <strong>County</strong> or municipality as holding title to the property; or otherwise having<br />
control of the property, including the guardian of the estate of any such person,<br />
and the executor or administrator of the estate of such person if ordered to take<br />
possession of real property by a court.<br />
(ii) PERSON shall mean an individual, heirs, executors, administrators or assigns,<br />
and also includes firm, partnership or corporation, its or their successors or<br />
assigns, or the agent of any of the aforesaid.
(jj) PLUMBING shall mean and include all of the following supplied facilities and<br />
equipment; gas pipes, gas burning equipment, water pipes, garbage disposal<br />
units, waste pipes, water closets, toilet rooms, sinks, installed dishwashers,<br />
lavatories, bathtubs, shower baths, installed clothes washing machines, catch<br />
basins, drains, vents and any other similar supplied fixtures, together with all<br />
connections to water, sewer, or gas lines.<br />
(kk) PRIVACY shall mean the ability of a person or persons to carry out an activity<br />
without interruption or interference, either by sight or sound, by persons outside<br />
of the household.<br />
(ll) PREMISES shall mean a lot, plot or parcel of land, an easement or public way,<br />
including any structure thereon.<br />
(mm)PUBLIC WAY shall mean a street, alley or other parcel of land open to the<br />
outside air leading to a street, that has been deeded, dedicated or otherwise<br />
permanently appropriated to the public for public use and which has a clear width<br />
and height of not less than 10 feet.<br />
(nn) RODENT HARBORAGE shall mean any place where rodents can live, nest, hide<br />
or seek shelter.<br />
(oo) RAT PROOFING shall mean a form of construction which will prevent the ingress<br />
or egress of rats to or from a given space or building, or gaining access to food,<br />
water or harborage. It consists of the closing and keeping closed of every<br />
opening in foundations, basements, cellars, exterior and interior walls, ground or
first floors, roofs, sidewalk gratings, sidewalk openings and other places that may<br />
be reached and entered by rat climbing, burrowing or other methods, by the use<br />
of materials impervious to rat gnawing or by other methods approved by the <strong>Erie</strong><br />
<strong>County</strong> Commissioner of Health.<br />
(pp) REFUSE shall mean all putrescible and nonputrescible solids (except body<br />
wastes) including garbage, rubbish, ashes and dead animals.<br />
(qq) REFUSE CONTAINER shall mean a watertight container that is constructed of<br />
metal, or other durable material impervious to rodents, that is capable of being<br />
serviced without creating unsanitary conditions, or such other containers<br />
approved by the <strong>Erie</strong> <strong>County</strong> Commissioner of Health. Openings into the<br />
container such as covers and doors shall be tight fitting.<br />
(rr) ROOMING UNIT shall mean any room or group of rooms forming a single<br />
habitable unit occupied or intended to be occupied or living and sleeping, but not<br />
for cooking or eating purposes.<br />
(ss) ROOMING HOUSE shall mean a building, other than a hotel or motel, arranged<br />
or occupied for lodging in rooming units, with or without meals, for compensation<br />
and not occupied as a one - or two-family dwelling.<br />
(tt)<br />
RUBBISH shall mean combustible and non combustible waste materials, except<br />
garbage; the term shall include the residue from burning wood, coal, coke and<br />
other combustible materials, paper rags, cartons, boxes, wood, excelsior, rubber,
mineral matter, glass, crockery, and dust and other similar materials; this term<br />
shall also include discarded, abandoned or stored refrigerators.<br />
(uu) SAFETY shall mean the condition of being reasonably free from danger and<br />
hazards which may cause accidents or disease.<br />
(vv) SEWERAGE SYSTEM shall mean pipe lines or conduits, pumping stations and<br />
force mains, and all other constructions, devices and appliances appurtenant<br />
thereto, used for conducting sewage, industrial waste or other wastes to a point<br />
of ultimate disposal.<br />
(ww) STRUCTURE shall mean that which is built or constructed or a portion thereof.<br />
(xx) SUPPLIED shall mean paid for, furnished, provided by, or under the control of<br />
the owner or operator.<br />
(yy) TENANT shall mean a person, corporation, partnership or group, whether or not<br />
the legal owner of record, occupying a building or portion thereof as a unit.<br />
(zz) TOILET ROOM shall mean a room containing a water closet or urinal but not a<br />
bathtub or shower.<br />
(aaa)WASTE shall mean the discharge from any fixture, appliance, area or<br />
appurtenance that does not contain fecal matter.
RESPONSIBILITIES OF OWNERS AND OCCUPANTS<br />
1.8 Occupancy and letting. No owner or other person shall occupy or let to another<br />
person occupy any vacant structure, rooming house, rooming unit, bed and<br />
breakfast unit, dwelling or dwelling unit unless it and the premises are clean,<br />
sanitary, fit for human occupancy, and comply with the requirements of this Article<br />
and all applicable laws.<br />
1.9 Owner to maintain in a clean and sanitary condition. Every owner of a rooming<br />
house, bed and breakfast or a dwelling containing two or more dwelling units shall<br />
maintain in a clean and sanitary condition the shared or public areas of the rooming<br />
house, bed and breakfast or dwelling and premises thereof. Owner shall secure<br />
vacant buildings and/or structures by boarding, blocking, locking or otherwise<br />
protecting to prevent entry by unauthorized individuals.<br />
1.10 Occupant to maintain in a clean and sanitary condition. Every occupant of a<br />
premises, structure, rooming unit, dwelling or dwelling unit shall maintain in a clean<br />
and sanitary condition those parts of the rooming house, rooming unit, bed and<br />
breakfast, dwelling, dwelling unit and premises thereof that he occupies and<br />
controls.<br />
1.11 Occupant to dispose of rubbish. Every occupant of a structure, building, bed and<br />
breakfast, rooming house, rooming unit, dwelling or dwelling unit shall store and<br />
dispose of all his rubbish in a clean, sanitary and safe manner.
1.12 Occupant to dispose of garbage. Every occupant of a structure, building, bed and<br />
breakfast, rooming house, rooming unit, dwelling or dwelling unit shall dispose of<br />
and store all his garbage or any other organic waste which might provide food for<br />
insects, rodents or any other pest, in a clean, sanitary and safe manner. Garbage<br />
shall not be allowed to accumulate. Rodent-proof, insect-proof, watertight refuse<br />
containers shall be used for storage pending collection. The lid of the refuse<br />
container shall be on the container at all times, including when at curb pending<br />
collection.<br />
1.13 Refuse Containers to be provided for rubbish and garbage. Every owner of a<br />
premises, structure, building, rooming house, bed and breakfast, or dwelling shall<br />
supply adequate facilities or refuse containers for the sanitary and safe storage<br />
and/or disposal of rubbish and garbage, unless otherwise agreed to in writing by the<br />
lessee. Such containers shall be in proper working condition, undamaged and<br />
rodent-proof. The maintenance and upkeep of the container shall be the owners<br />
and/or occupants responsibility.<br />
1.14 Responsibility for extermination. Every occupant of a dwelling containing a single<br />
dwelling unit shall be responsible for the extermination of any insects, rodents, or<br />
other pests therein or on the premises. Notwithstanding the foregoing provisions of<br />
this section, whenever infestation is caused by failure of the owner to maintain a<br />
dwelling in a rat-proof or reasonable insect-proof condition, extermination shall be<br />
the responsibility of the owner. Whenever infestation exists in the rooming house,<br />
bed and breakfast, or two or more of the dwelling units in any dwelling, or in the<br />
shared or public parts of any rooming house, bed and breakfast or dwelling
containing two or more dwelling units, extermination thereof shall be the<br />
responsibility of the owner.<br />
1.15 Rodent control<br />
(a) Every owner and/or occupant of a premises, structure, building, bed and<br />
breakfast, rooming house, rooming unit, dwelling or dwelling unit shall store and<br />
dispose of accumulated rubbish, boxes, lumber, scrap metal, or any other<br />
materials in such a manner as to prevent rodent harborage in or about any<br />
premises, structure, building, bed and breakfast, rooming house, rooming unit,<br />
dwelling or dwelling unit. Materials shall be stacked neatly in piles elevated to a<br />
level high enough to permit effective cleaning.<br />
(b) All structures and exterior property shall be kept free from rodent harborage and<br />
infestation. Where rodents are found, they shall be promptly exterminated by<br />
approved processes which will not be injurious to human health. After<br />
extermination, proper precautions shall be taken to eliminate rodent harborage<br />
and prevent reinfestation.<br />
(c) Every owner or occupant of a dwelling or dwelling unit shall not store, place, or<br />
allow to accumulate any materials that may serve as food or harborage for<br />
rodents in a site accessible to rodents.<br />
(d) No person shall feed in the open any domestic or wild fowl, birds or animals other<br />
than in a suitable container and in such a manner so as to prevent scattering of<br />
food upon the ground or ground level which can or will provide food for rodents,<br />
insects, vermin or other pests. If an area is deemed infested with rodents,
insects, vermin or other pests by the <strong>Erie</strong> <strong>County</strong> Commissioner of Health, all<br />
bird feeding shall be ceased until the area is no longer deemed infested with<br />
rodents, insects, vermin or other pests.<br />
(e) If an area is deemed infested with rodents, insects, vermin or other pests by the<br />
<strong>Erie</strong> <strong>County</strong> Commissioner of Health, all such premises and immediate exterior<br />
property shall be maintained free from weeds or plant growth in excess of 10<br />
inches, so as to prevent rodent harborage. Weeds shall be defined as all<br />
grasses, annual plants and vegetation, other than trees or shrubs provided;<br />
however this term shall not include cultivated flowers or gardens.<br />
(f) Property Demolition. If a structure is scheduled for demolition, proper<br />
extermination should be performed prior to the demolition of the structure. The<br />
structure must be inspected post extermination and be deemed rodent free by<br />
the <strong>Erie</strong> <strong>County</strong> Commissioner of Health or his/her designee prior to the<br />
demolition.<br />
1.16 Occupant’s responsibility as to supplied fixtures and facilities. Every occupant<br />
of a dwelling unit or rooming unit shall keep all supplied fixtures and facilities therein<br />
in a clean, sanitary and operable condition and shall be responsible for the exercise<br />
of reasonable care in the proper use and operation thereof.<br />
1.17 Owner to maintain property free of standing water, Every owner of any premises,<br />
structure, building or dwelling shall keep the premises graded and maintained to<br />
prevent the accumulation of standing water, or within any structure, such as<br />
swimming pools, ornamental ponds or similar located thereon.
(a) Any structure designed to hold water, such as a swimming pool, ornamental<br />
pond or similar must be designed, constructed, operated and maintained to<br />
prevent the breeding of insects.<br />
1.18 Nuisances. All complaints regarding what is dangerous to human life or detrimental<br />
to health shall be received and investigated. The <strong>Erie</strong> <strong>County</strong> Commissioner of<br />
Health or his/her designee may enter upon or within any place or premises where<br />
nuisances or conditions dangerous to life and health or which are the cause of<br />
nuisances existing elsewhere are known or believed to exist.<br />
MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES<br />
1.19 Basic equipment and facilities required for dwelling or dwelling unit occupied<br />
or let for living, sleeping, cooking or eating. No person shall occupy as owner,<br />
occupant or let to another for occupancy any dwelling or dwelling unit, rooming<br />
house, rooming unit, bed and breakfast, for the purposes of living, sleeping, cooking<br />
or eating therein, which does not comply with the following requirements:<br />
(a) Kitchen requirements. Every dwelling unit shall have a room or portion of a<br />
room in which food may be prepared and/or cooked and which room shall have<br />
adequate floor area available for occupant use and be equipped with the<br />
following.<br />
(1) A kitchen sink in good working condition and properly connected to a<br />
water supply system which is approved by the <strong>Erie</strong> <strong>County</strong> Commissioner
of Health and which provides at all times an adequate amount of heated<br />
and unheated running water under pressure, and which is connected to a<br />
sewerage system or individual sewerage system approved by the <strong>Erie</strong><br />
<strong>County</strong> Commissioner of Health.<br />
(b) Water closet requirements. Within every dwelling unit there shall be a nonhabitable<br />
room which affords privacy to a person within said room and which is<br />
equipped with a flush water closet in good working condition. Said flush water<br />
closet shall be connected to a water system that at all times provides an<br />
adequate amount of running water under pressure to cause the water closet to<br />
be operated properly and shall be connected to a sewerage system or<br />
individual sewerage system which is approved by the <strong>Erie</strong> <strong>County</strong><br />
Commissioner of Health.<br />
(c)<br />
Lavatory sink requirements. Within every dwelling unit there shall be a room<br />
which affords privacy to a person within said room which is equipped with a<br />
lavatory sink. Said lavatory sink may be in the same room as the flush water<br />
closet or in another room; provided that, if located in a room other than the one<br />
containing the flush water closet, the water closet shall be located in close<br />
proximity to the door leading directly into the room in which said lavatory sink is<br />
located. The lavatory sink shall be in good working condition and properly<br />
connected to a water supply system which is approved by the <strong>Erie</strong> <strong>County</strong><br />
Commissioner of Health and which provides at all times an adequate amount of<br />
heated and unheated, running water under pressure, and which is connected to<br />
a sewerage system or individual sewerage system approved by the <strong>Erie</strong> <strong>County</strong><br />
Commissioner of Health.
(d)<br />
Bathtub or shower requirements. Within every dwelling unit there shall be a<br />
room which affords privacy to a person within said room and which is equipped<br />
with a bathtub or shower in good working condition. Said bathtub or shower<br />
may be in the same room as the flush water closet or in another room and shall<br />
be properly connected to a water supply system which is approved by the <strong>Erie</strong><br />
<strong>County</strong> Commissioner of Health and which provides at all times an adequate<br />
amount of heated and unheated running water under pressure, and which is<br />
connected to a sewerage system or individual sewerage system approved by<br />
the <strong>Erie</strong> <strong>County</strong> Commissioner of Health.<br />
(e)<br />
Smoke Alarms. Single- and multiple-station smoke alarms shall be installed in<br />
the following locations:<br />
(1) In each sleeping room or rooming unit<br />
(2) Outside of each separate sleeping area in the immediate vicinity of the<br />
bedrooms or rooming units.<br />
(3) On each additional story of the dwelling, including basements and cellars<br />
but not including crawl spaces and uninhabitable attics.<br />
All smoke alarms shall be listed and installed in accordance with<br />
manufacturer’s specifications and any applicable laws or codes. Maintenance<br />
of power source shall be the property owner’s responsibility. Required smoke<br />
alarms shall not be removed or disabled, except for replacement, service or<br />
repair purposes.
MINIMUM STANDARDS FOR LIGHT AND VENTILATION<br />
1.20 Light and ventilation required for rooming house, rooming unit, bed and<br />
breakfast, dwelling or dwelling unit occupied or let for living purposes. No<br />
person shall occupy as owner, occupant or let to another for occupancy any rooming<br />
house, rooming unit, bed and breakfast, dwelling or dwelling unit, for the purpose of<br />
living therein, which does not comply with the following requirements:<br />
(a) Light and Ventilation.<br />
(1) Light.<br />
(i) Every habitable space shall have at least one window facing directly to<br />
the outdoors or to a court.<br />
(ii) Every public hall and stairway in a rooming house or multiple dwelling<br />
shall be adequately lighted by natural or electric light at all times. Every<br />
public hall and stairway in structures containing not more than two<br />
dwelling units shall be supplied with conveniently located light switches<br />
controlling an adequate lighting system which may be turned on when<br />
needed, instead of full-time lighting.<br />
(iii) All other spaces shall be provided with natural or artificial light sufficient<br />
to permit the maintenance of sanitary conditions, and the safe<br />
occupancy of the space and utilization of the appliances, equipment and<br />
fixtures.<br />
(2) Ventilation<br />
(i) Every habitable space shall have at least one openable window.<br />
(ii) Screening. During that portion of the year when there is a need for<br />
protection against mosquitoes, flies and other flying insects, every
window opening directly from a rooming unit, bed and breakfast unit,<br />
or dwelling unit to outside space shall have supplied properly fitting<br />
screens.<br />
(b) Electric facilities. Every occupied building shall be provided with an electrical<br />
system. All equipment, wiring and appliances shall be properly installed and<br />
maintained in a safe and approved manner.<br />
(1) Receptacles. Every habitable space in a rooming house, bed and breakfast<br />
unit, or dwelling shall contain at least two separate and remote receptacle<br />
outlets. Every laundry area shall contain at least one grounded-type<br />
receptacle or a receptacle with a ground fault circuit interrupter. Every<br />
lavatory or bathroom shall contain at least one receptacle. Any new<br />
bathroom receptacle outlet shall have ground fault circuit interrupter<br />
protection.<br />
(2) Every water closet compartment, toilet room, bathroom, laundry room,<br />
furnace room, boiler room and public hall shall contain at least one ceiling or<br />
wall type electric lighting fixture.<br />
MINIMUM THERMAL STANDARDS (HEATING AND COOLING)<br />
1.21 Thermal requirements for occupying or letting, for living purposes. No person<br />
shall occupy as owner, occupant or let to another for occupancy any rooming house,<br />
rooming unit, bed and breakfast, dwelling or dwelling unit, for the purpose of living<br />
therein, which does not comply with the following requirements:
(a) Heating Facilities. Every rooming house, bed and breakfast, or dwelling shall<br />
have heating facilities which are properly installed, and are maintained in safe<br />
and good working condition, and are capable of safely and adequately heating all<br />
habitable spaces, bathrooms, toilet rooms and water closet compartments in<br />
every dwelling unit to maintain 68 degrees Fahrenheit as noted in (b) below.<br />
(b) Minimum temperature. The owner is responsible for furnishing the heat unless<br />
the rental agreement provides otherwise. Between September 15 th and May 31 st ,<br />
where the owner furnishes the heat, the temperature shall be maintained at not<br />
less than 68 degrees Fahrenheit at a distance of 18 inches above floor level and<br />
three feet from an outside wall in all habitable spaces, bathrooms, toilet rooms<br />
and water closet compartments.<br />
(c) Space and water heaters.<br />
(1) Unvented flame space heaters and space heaters without back-draft diverters<br />
and automatic controls are prohibited; portable electric heaters, approved<br />
under the appropriate local or State electrical and/or fire prevention code are<br />
acceptable (where they meet the provisions of subdivision (a) of this section).<br />
Where there is no such local or State code, portable electric heaters meeting<br />
the standards of the National Electrical <strong>Code</strong>, as approved by the Underwriter<br />
Laboratories, Inc. and the <strong>Erie</strong> <strong>County</strong> Commissioner of Health are<br />
acceptable. Gas-fueled space or water heaters and accessories or controls<br />
shall be properly installed and be of an approved type.<br />
Exception: Unvented flame space heaters shall be permitted if they<br />
are installed and maintained properly, used as a secondary source<br />
of heat, a carbon monoxide detector is installed in the same room<br />
as the unvented flame space heater, and additional carbon
monoxide detector(s) is/are installed in close proximity to all<br />
sleeping rooms. Maintenance of power source shall be the<br />
property owner’s responsibility. Required carbon monoxide alarms<br />
shall not be removed or disabled, except for replacement, service<br />
or repair purposes.<br />
(2) No fuel burning device shall be located in any water closet compartment,<br />
toilet room, bathroom or sleeping room.<br />
GENERAL REQUIREMENTS RELATING TO SAFE AND SANITARY PROPERTY<br />
MAINTENANCE<br />
1.22 Maintenance and installation requirements for rooming house, rooming unit,<br />
bed and breakfast, dwelling and dwelling unit occupied or let for living<br />
purposes. No person shall occupy as owner, occupant or let to another for<br />
occupancy any rooming house, rooming unit, bed and breakfast, dwelling or dwelling<br />
unit, for the purpose of living therein, which does not comply with the following<br />
requirements:<br />
(a) General. Every foundation, roof and exterior wall, door, skylight and window<br />
shall be reasonably weather-tight, watertight, and damp-free and shall be kept in<br />
sound condition and good repair. Floors, interior walls, doors and ceilings shall<br />
be sound and in good repair. All exterior wood surfaces other than decay<br />
resistant woods shall be protected from the elements and decay by paint or other<br />
protective covering or treatment. Lead based and other toxic paints and<br />
materials shall not be used on any surface. Walls shall be capable of affording
privacy for the occupants. Every premise shall be maintained in a clean, sanitary<br />
and safe condition. The presence of noxious weeds shall be prohibited.<br />
(b) Windows, doors and hatchways. Every window, exterior door and basement<br />
hatchway or similar devices, shall be kept rodent-proof and reasonably watertight<br />
and weather-tight, and shall be kept in sound working condition and good repair.<br />
All exterior doors shall have properly functioning locking devices that shall be<br />
operable from the interior side of the door. All deadbolt type locking mechanisms<br />
shall be of the thumb latch style or equivalent on the inside of the exterior<br />
door(s), a key operated style on both sides is not acceptable.<br />
(c) Prevent entrance of rodents. Every window located at or near ground level<br />
used or intended to be used for ventilation, and every other opening located at or<br />
near ground level which might provide an entry for rodents, shall be supplied with<br />
adequate gauge screen or such other devices as will effectively prevent their<br />
entrance.<br />
(d) Safety.<br />
(i) Stairways, decks, porches and balconies. Every stairway, deck, porch and<br />
balcony, and all appurtenances attached there to, shall be maintained<br />
structurally sound, in good repair, with proper anchorage and capable of<br />
supporting the imposed loads<br />
(1) Handrails required. Handrails shall be provided on at least one side of<br />
each stairway with three or more risers at an approved height.<br />
(2) Guards required. Porches, balconies or raised floor surfaces located<br />
more than 30 inches above the floor or grade below shall have guards not
less than 36 inches in height. Open sides of stairs with a total rise of more<br />
than 30 inches above the floor or grade below or more than four risers<br />
shall have guards.<br />
(e) Plumbing fixtures and water and waste pipes. Every plumbing fixture and<br />
water and waste pipe shall be properly installed and maintained in good sanitary<br />
working condition.<br />
(f) Floors for toilet rooms, water closet compartments, bathrooms and<br />
kitchens. Every toilet room, water closet compartment, bathroom and kitchen<br />
floor surface and baseboard shall be constructed and maintained so as to be<br />
reasonably impervious to water so as to permit such floor to be easily kept in a<br />
clean and sanitary condition.<br />
(g) Construction, installation and maintenance. Every plumbing fixture, pipe,<br />
chimney, flue and smoke pipe and every other facility, piece of equipment, or<br />
utility which is present in a rooming house, rooming unit, bed and breakfast,<br />
dwelling or dwelling unit, or which is required under this Article, shall be<br />
constructed and installed in conformance with the applicable local, State or<br />
national codes and shall be maintained in satisfactory working condition.<br />
(g) Egress. A safe, continuous and unobstructed path of travel shall be provided<br />
from any point in a building or structure to the public way.<br />
(h) Lead in Housing.<br />
(1) Presumption
For all dwelling units constructed prior to January 1, 1979, it is presumed<br />
that the paint on any structures, equipment, exterior property, premises,<br />
dwellings, dwelling units, or parts thereof is lead based paint.<br />
(2) Owner’s Opportunity to Rebut Presumption<br />
The owner of any structures, equipment, exterior property, premises,<br />
dwellings, dwelling units, or parts thereof constructed prior to January 1,<br />
1979, may apply to the department to have such structures, equipment,<br />
exterior property, premises, dwellings, dwelling units, or parts thereof<br />
exempted from the presumption contained in section 1.22 (i) (1) when lead<br />
based paint testing results demonstrate that no lead paint is present on any<br />
structures, equipment, exterior property, premises, dwellings, dwelling units,<br />
or parts thereof.<br />
(3) Owner’s Duty to Correct<br />
(i) The existence of conditions conducive to lead poisoning on any<br />
structures, equipment, exterior property, premises, dwellings, dwelling<br />
units, or parts thereof is hereby declared to constitute a Nuisance.<br />
(ii) The owner of any structures, equipment, exterior property, premises,<br />
dwellings, dwelling units, or parts thereof shall take action to prevent the<br />
occurrence of conditions conducive to lead poisoning and shall<br />
expeditiously correct an identified or presumed lead hazard using Lead<br />
Safe Work Practices.<br />
(a) A lead hazard remediation plan is required as approved by the<br />
Commissioner of Health or his designee.
(b) The lead hazard control activities must be performed by an EPA<br />
recognized certified firm or individual. Proof of this certification<br />
must be provided to the Commissioner or his designee prior to the<br />
commencement of any work and as part of the lead hazard<br />
remediation plan.<br />
(c) All identified or presumed lead hazards shall be corrected within 30<br />
days of receiving the notice or as agreed upon with the<br />
Commissioner or his designee.<br />
(d) A clearance inspection with sampling shall be performed. The<br />
clearance report shall be submitted to the <strong>Erie</strong> <strong>County</strong> Department<br />
of Health within five business days of its completion.<br />
(iii) If the lead hazard is caused in whole or in part by an underlying defect,<br />
the owner of the dwelling unit shall correct the underlying defect to<br />
prevent a further lead hazard.<br />
(iv) The following is a list of prohibited paint removal methods:<br />
(a) Open flame burning or torching.<br />
(b) Machine sanding or grinding without a high-efficiency particulate<br />
air (HEPA) local exhaust control.<br />
(c) Abrasive blasting or sandblasting without HEPA local exhaust<br />
control.<br />
(d) Heat guns operating above 1,100 degrees Fahrenheit, or those<br />
that operate high enough to char the paint.<br />
(e) Dry sanding or dry scraping.<br />
Note: Four exceptions to this prohibition are:<br />
(1) dry scraping in conjunction with heat guns;
(2) dry scraping within 1.0 ft (0.20 m.) of electrical<br />
outlets;<br />
(3) treating deteriorated paint spots that total no more<br />
than 2 ft. 2 (0.2 m 2 ) in any one interior room or<br />
space; or<br />
(4) treating deteriorated paint spots that total no more<br />
than 20 ft. 2 (2.0 m 2 ) on exterior surfaces.<br />
(f) Paint stripping in a poorly ventilated space using a volatile stripper<br />
that is a hazardous substance in accordance with regulations of<br />
the Consumer Product Safety Commission at 16 CFR 1500.3,<br />
and/or a hazardous chemical in accordance with the<br />
Occupational Safety and Health Administration at 29 CFR<br />
1010.1200 or 1926.59, as applicable to the work.<br />
(g) Power washing, unless approved by the Commissioner or his<br />
designee.<br />
1.23 Discontinuance of services, facilities, equipment or utilities. No owner,<br />
operator or occupant shall cause or be responsible for causing any service, facility,<br />
equipment or utility which is required under this Part to be removed from or shut off<br />
from or discontinued for any occupied rooming house, rooming unit, bed and<br />
breakfast, dwelling or dwelling unit let or occupied by him; except for such temporary<br />
interruption as may be necessary while actual repairs or alterations are in process,<br />
or during temporary emergencies when discontinuance of service is either not<br />
reasonably avoidable or is approved by the <strong>Erie</strong> <strong>County</strong> Commissioner of Health.
MAXIMUM DENSITY, MINIMUM SPACE, USE AND LOCATION REQUIREMENTS<br />
1.24 Specification of requirements. No person shall occupy or let to be occupied any<br />
rooming house, rooming unit, bed and breakfast, dwelling or dwelling unit, for the<br />
purpose of living therein, unless there is compliance with the applicable State and<br />
Local <strong>Code</strong>s:<br />
(a) Habitable space below grade. No space located partially or totally below<br />
grade shall be used as a habitable room unless:<br />
(1) The floor and those portions of the walls below grade are of water-proof<br />
and damp-proof construction.<br />
(2) The minimum window area is equal to at least 10% of the total floor area of<br />
the habitable room, with at least 40% of the window space being openable<br />
to allow for egress. and is located entirely above the grade of the ground<br />
adjoining such window area, or, if windows are located wholly or partly<br />
below grade, there be constructed a properly drained window well the<br />
ground area of which is equal to or greater than the area of the masonry<br />
opening for the window, the bottom of which is below the top of the<br />
impervious masonry construction under this window, with the minimum,<br />
horizontal distance at a right angle from any point of the window wall being<br />
equal to or greater than the vertical depth of the window well, as<br />
measured from the bottom of the masonry opening for the window well, as<br />
measured from the bottom of the masonry opening for the window.<br />
(b)<br />
Access to bathrooms, toilet rooms, water closet compartments and<br />
sleeping rooms. No dwelling or dwelling unit containing two or more sleeping
ooms shall have such room arrangements that access to a bathroom, toilet<br />
room or water closet compartment intended for use by occupants of more than<br />
one sleeping room can be had only by going through another sleeping room;<br />
nor shall room arrangements be such that access to a sleeping room can be<br />
had only by going through another sleeping room or a bathroom or water closet<br />
compartment.<br />
ROOMING HOUSES and BED AND BREAKFASTS<br />
1.25 General. No person shall operate a rooming house, or shall occupy or let to another<br />
for occupancy any rooming unit or sleeping room in any rooming house or bed and<br />
breakfast, except in compliance with the provisions of this Article. No owner or other<br />
person shall occupy or let to another person any vacant rooming unit or sleeping unit<br />
unless it is clean, sanitary, and fit for human occupancy, and complies with all<br />
applicable legal requirements.<br />
1.26 Permit.<br />
(a) Permit required.<br />
(1) No person shall operate any rooming house or bed and breakfast or cause or<br />
allow the same to be occupied without a permit to do so from the <strong>Erie</strong> <strong>County</strong><br />
Commissioner of Health.<br />
(2) Application for a permit to operate a rooming house or bed and breakfast<br />
shall be made to the <strong>Erie</strong> <strong>County</strong> Commissioner of Health, on a form<br />
prescribed by the <strong>Erie</strong> <strong>County</strong> Commissioner of Health, by the person who
will operate the rooming house or bed and breakfast. Application for a permit<br />
to operate a rooming house or bed and breakfast shall be made at least 30<br />
days before the first day of proposed operation of such rooming house<br />
subsequent to its construction or conversion or prior to the expiration of an<br />
existing permit. An application shall be filed for a new permit, following the<br />
revocation of a permit, 30 days before the proposed resumption of operation<br />
of the rooming house or bed and breakfast. In the event of a change of<br />
operator of a rooming house or bed and breakfast, the new operator shall<br />
apply for a permit before the change is affected. An application for a permit<br />
shall be filed before a change in the name of a rooming house or bed and<br />
breakfast is made.<br />
(3) The <strong>Erie</strong> <strong>County</strong> Commissioner of Health shall issue a permit for the<br />
operation of a rooming house or bed and breakfast if he/she finds that the<br />
rooming house or bed and breakfast will not be a potential source of danger<br />
to the general public’s health and safety or to the health or safety of the<br />
occupants of the rooming house or bed and breakfast, and if he/she finds that<br />
the rooming house’s or bed and breakfast’s proposed operation thereof<br />
conforms or will conform to the requirements of this Article. The permit issued<br />
for the operation of the rooming house or bed and breakfast shall expire upon<br />
a change of the operator of the rooming house or bed and breakfast, upon the<br />
date stipulated by the <strong>Erie</strong> <strong>County</strong> Commissioner of Health or upon the<br />
revocation of the permit. Permits for a rooming house or bed and breakfast<br />
shall be issued for a period of not more than two years from the date of issue.<br />
(4) The permit shall not be transferable or assignable.
(5) The permit may be revoked by the <strong>Erie</strong> <strong>County</strong> Commissioner of Health if<br />
he/she finds that the rooming house or bed and breakfast for which the permit<br />
was issued is maintained, operated or occupied in violation of law or this<br />
Article. A permit may also be revoked upon the request of the permittee or<br />
upon abandonment of operation.<br />
(6) The permit for operation of a rooming house or bed and breakfast shall be<br />
posted in a conspicuous place on the premises.<br />
(7) The <strong>Erie</strong> <strong>County</strong> Commissioner of Health may establish procedures for the<br />
exchange of information with other State or local governmental agencies<br />
having responsibility for making health and safety inspections of buildings,<br />
including rooming houses and bed and breakfasts, and may utilize the<br />
information provided by any such agency in making a determination regarding<br />
the issuance of a permit required by this Article.<br />
(b) Right to a hearing. Before a permit may be modified, suspended or revoked,<br />
the permittee shall have the opportunity to be heard, except that a permit may be<br />
temporarily suspended pending a hearing.<br />
1.27 Requirements for toilet room, water closet, lavatory and bathtub or shower in<br />
a rooming house and bed and breakfast.<br />
(a) Rooming House. At least one flush water closet, lavatory basin and bathtub or<br />
shower, properly connected to a water and sewerage system approved by the
<strong>Erie</strong> <strong>County</strong> Commissioner of Health and in good working condition, shall be<br />
supplied for each eight persons or fraction thereof residing within a rooming<br />
house, including members of the operator’s family wherever they share the use<br />
of the said facilities, except that in a rooming house where rooms are let only to<br />
males, flush urinals may be substituted for not more than one half of the required<br />
number of water closets greater than one.<br />
(1) Accessibility. All such facilities shall be located within the dwellings as to be<br />
reasonably accessible from a common hall or passageway to all persons<br />
sharing such facilities.<br />
(2) Hot and cold water. Every lavatory basin and bathtub or shower shall be<br />
supplied with heated and unheated water at all times.<br />
(3) Facilities in basements. No such facilities shall be located in a basement,<br />
except by written approval of the <strong>Erie</strong> <strong>County</strong> Commissioner of Health.<br />
(b) Bed and breakfast. At least one flush water closet, lavatory basin and bathtub<br />
or shower, properly connected to a water and sewerage system or individual<br />
sewerage system approved by the <strong>Erie</strong> <strong>County</strong> Commissioner of Health and in<br />
good working condition, shall be supplied for each eight transient lodgers<br />
capable of accommodating the facility.<br />
(1) Accessibility. All such facilities shall be located within the dwellings as to be<br />
reasonably accessible from a common hall or passageway to all persons<br />
sharing such facilities.
(2) Hot and cold water. Every lavatory basin and bathtub or shower shall be<br />
supplied with heated and unheated water at all times.<br />
(3) Facilities in basements. No such facilities shall be located in a basement,<br />
except by written approval of the <strong>Erie</strong> <strong>County</strong> Commissioner of Health.<br />
1.28 Cooking and dining.<br />
(a) Cooking. Cooking shall be defined as the act of preparing food for eating by the<br />
application of heat. Cooking in a rooming unit or sleeping room shall be<br />
prohibited.<br />
(b) No communal cooking and dining.<br />
(1) Communal cooking and dining facilities in a rooming house shall be<br />
prohibited, except as approved by the <strong>Erie</strong> <strong>County</strong> Commissioner of Health in<br />
writing.<br />
(2) Dining facilities in a bed and breakfast are allowed, communal cooking<br />
shall be prohibited, all cooking must be performed by the operator of the<br />
bed and breakfast or a licensed caterer in approved kitchen facilities.<br />
Breakfast only may be served.<br />
(i) If other meals are offered or provided, then New York State <strong>Sanitary</strong><br />
<strong>Code</strong> Part 14-1 will apply in full and a permit to operate a food service<br />
establishment shall be required.
1.29 Locks for doors. Rooming unit and bed and breakfast doors shall have operating<br />
locks to insure privacy. All locking devices shall be operable from the interior side of<br />
the door. All deadbolt type locking mechanisms shall be of the thumb latch style or<br />
equivalent on the inside of the door, a key operated style on both sides is not<br />
acceptable.<br />
1.30 Bed linen and towels. The operator of every rooming house and bed and<br />
breakfast shall provide clean bed linen and towels therein at least once each week,<br />
prior to the letting of any room to any occupant and upon change in occupancy of a<br />
room. The operator shall be responsible for the maintenance of all supplied<br />
bedding, bed linens and towels in a clean and sanitary manner.<br />
1.31 Floor space for sleeping rooms. Every room occupied for sleeping purposes by<br />
one person shall contain at least 70 square feet of floor space, and every room<br />
occupied for sleeping purposes by more than one person shall contain at least 50<br />
square feet of floor space for each occupant thereof.<br />
1.32 Egress.<br />
(a) Every rooming unit shall have two or more safe, unobstructed means of egress<br />
leading to safe and open space at ground level, as required by law. A sprinkler<br />
system satisfactory to the <strong>Erie</strong> <strong>County</strong> Commissioner of Health may be<br />
substituted in lieu of one means of egress.<br />
(b) Every bed and breakfast dwelling unit shall have a means of egress in<br />
accordance with the Fire <strong>Code</strong> of New York State.
ARTICLE X<br />
MEDICAL SERVICES<br />
Section 1: Abortions<br />
(a)<br />
Abortions on patients with a gestation up to and including twelve weeks as determined<br />
by a qualified physician may be performed on an ambulatory basis if the patient’s<br />
medical condition permits.<br />
(b)<br />
The following patients shall be treated on an inpatient basis for the abortion:<br />
(1) Patients pregnant more than twelve weeks as determined by a qualified<br />
physician.<br />
(2) Patients having such medical, surgical, gynecological or psychiatric<br />
conditions or complications as specified in the rules of the chief of staff of<br />
the abortion service and filed with the New York State Department of<br />
Health and the <strong>Erie</strong> <strong>County</strong> Regional Office thereof.
ARTICLE XIV<br />
CODE FOR ERIE COUNTY AIR POLLUTION CONTROL<br />
(Transferred to <strong>County</strong> Department of Environmental Quality <strong>Code</strong>s)
ARTICLE XV<br />
VALIDITY<br />
Section 1:<br />
Unconstitutionality Clause.<br />
In the event any section, paragraph, sentence, clause or phrase of this<br />
<strong>Sanitary</strong> <strong>Code</strong> shall be declared unconstitutional or invalid for any reason, the<br />
remainder of said code shall not be affected thereby.
ARTICLE XVI<br />
EFFECTIVE DATE<br />
Section 1:<br />
When to Take Effect.<br />
Every regulation of the <strong>Sanitary</strong> <strong>Code</strong>, unless otherwise specifically stated, shall<br />
take effect on the 15 th day of June, 1948.
ARTICLE XVII<br />
COIN-OPERATED DRY CLEANING MACHINE INSTALLATIONS<br />
(Adopted on December 4, 1962, Effective January 1, 1963)<br />
Section 1:<br />
Prior Approvals<br />
(a)<br />
Plan Filing<br />
No persons, firms, partnership or corporation shall install or operate a coinoperated<br />
dry cleaning machine or machines, or make changes in any existing<br />
installations if such changes may affect health until plans and specifications in<br />
triplicate therefore shall first have been submitted to and received the approval of<br />
the Commissioner of Health.<br />
(b)<br />
Instructions for Preparing Installation Plans<br />
Plans shall show:<br />
(1) An outline of that portion of the building in which the coin- operated<br />
dry cleaning machines are to be installed.<br />
(2) Location of the dry cleaning machines.<br />
(3) Manufacturer and model number.<br />
(4) Layout in plan and elevation view of exhaust duct work. This should be<br />
drawn to scale and should show the ducts by double lines, supports, and<br />
the point of discharge out-of-doors.<br />
(5) Location and specifications of all general ventilating equipment including<br />
window or roof exhaust fans, supply fans, and local exhaust fans. Fan<br />
specifications must include manufacturer, type, design, size, capacity,<br />
static pressure, speed and motor horsepower. Means by which make-up<br />
air enters the building must also be shown.
The <strong>Erie</strong> <strong>County</strong> <strong>Sanitary</strong> <strong>Code</strong> is hereby amended by adding a new Article XXII thereto<br />
to read as follows:<br />
ARTICLE XXII-REGULATIONS OF TATTOO ARTISTS AND ESTABLISHMENTS<br />
The following Article includes the amendments of 2005<br />
Purpose:<br />
The act of tattooing is an invasive procedure which punctures the skin and injects<br />
a dye into the tissue just below the skin. The skin is the body’s primary barrier to<br />
infectious agents and any procedure which compromises the integrity of this barrier<br />
increases the possibility of infection. In this age, with some diseases causing serious<br />
health problems, it is imperative to regulate both the person applying the tattoo and the<br />
facility and equipment used in this procedure. The art of tattooing has been in practice<br />
since early human history and it appears that if properly applied, this practice has<br />
minimal medical significance. Therefore, the purpose of this Article is to ensure that the<br />
conditions in the tattoo facility provide a safe and sanitary environment and that the<br />
person applying the tattoo has a basic knowledge of aseptic techniques.<br />
Section 1:<br />
Definitions<br />
For the purpose of this Article, the following words and phrases when used<br />
herein shall be construed as follows:<br />
(a)<br />
Tattoo – The word “tattoo” shall mean to mark or color the skin by pricking in<br />
coloring matter so as to form indelible marks or figures or by the production of<br />
scars.
(b)<br />
Tattoo Establishment – The words “tattoo establishment” shall mean any<br />
room or space where tattooing is practiced or where the business of tattooing is<br />
conducted or any part thereof.<br />
(c)<br />
Tattoo Operator – The words “tattoo operator” shall mean any person who<br />
controls, operates, conducts or manages any tattoo establishment, whether<br />
actually performing the work of tattooing or not.<br />
(d)<br />
Tattoo Artist – The words “tattoo artist” shall mean any person who actually<br />
performs the work of tattooing.<br />
(e)<br />
Permanent makeup - The words “permanent makeup” shall mean to mark or<br />
color the skin by pricking in coloring matter so as to form indelible marks. For the<br />
purpose of this Article, whenever the word tattoo is used, it shall also apply to<br />
permanent makeup.<br />
(f)<br />
Permanent Makeup Establishment – The words “permanent makeup<br />
establishment” shall mean any room or space where permanent makeup is<br />
applied or any part thereof. For the purpose of this Article, whenever the words<br />
tattoo establishment are used, it shall also apply to permanent makeup<br />
establishment.<br />
(g)<br />
Permanent Makeup Operator – The words “permanent makeup operator”<br />
shall mean any person who controls, operates, conducts or manages any<br />
establishment where permanent makeup is applied, whether actually applying<br />
the permanent makeup or not. For the purpose of this Article, whenever the<br />
words tattoo operator are used, it shall also apply to permanent makeup<br />
operator.
(h)<br />
Permanent Makeup Cosmetologist – The words “permanent makeup<br />
cosmetologist” shall mean any person who actually performs the work of<br />
applying permanent makeup. For the purpose of this Article, whenever the<br />
words tattoo artist are used, it shall also apply to permanent makeup<br />
cosmetologist.<br />
(i)<br />
Health Officer – The words “health officer” shall mean the Commissioner<br />
of the <strong>Erie</strong> <strong>County</strong> Health Department or a duly authorized representative.<br />
(j)<br />
Minor – the word “minor” shall mean any male under the age of eighteen<br />
(18) years and any female under the age of eighteen (18) years.<br />
(k)<br />
Health Hazard – The words “health hazard” shall mean a violation,<br />
combination of violations, condition or a combination of conditions identified by<br />
the health officer that can injure the person receiving a tattoo or the general<br />
public.<br />
Section 2:<br />
Artist Certification<br />
(a)<br />
No person except a duly licensed physician shall engage in the practice of<br />
tattooing or act as a tattoo artist unless he or she has a certificate issued by the<br />
health officer.<br />
(b)<br />
No operator of any tattoo establishment shall allow a tattoo artist to perform in<br />
the facility unless the tattoo artist is the holder of a valid certificate issued under<br />
this Article.<br />
(c)<br />
Any person desiring to engage in tattooing or act as a tattoo artist shall submit an<br />
application for certification to the health officer in the form prescribed by the
health officer, which will include a statement that the applicant has received a<br />
copy of this Article and has a working knowledge of its content.<br />
(d)<br />
The certificate holder shall be required to show evidence of knowledge of the<br />
provisions of this Article including an adequate knowledge of bacteriology and<br />
aseptic technique to assure that infection and contagious disease shall not be<br />
spread by tattooing practices. The health officer may require a written and/or<br />
verbal test to assure that the applicant meets minimum standards as determined<br />
by the health officer.<br />
(e)<br />
Certificates will expire on December 31 of each year. The Certification shall be<br />
renewed annually.<br />
(f)<br />
An annual fee as per the <strong>Erie</strong> <strong>County</strong> Fee Schedule shall be assessed on the<br />
recipient of a Certification. The certificate owner must be an employee of a<br />
certified tattoo facility prior to the issuance of a tattoo artist certificate. The<br />
certificate will indicate the certified facility to which the artist is assigned. The<br />
certified artist may apply tattoos only at the certified tattoo facility providing the<br />
artist has a certificate that indicates the artist is assigned to that facility. Should<br />
the artist wish to work in another certified tattoo facility, the artist must submit a<br />
new application to the health officer indicating his or her intentions to work in a<br />
different certified tattoo facility. The application must be received by the health<br />
officer at least twenty one (21) days prior to the move. The tattoo artist shall be<br />
assessed an administrative fee as per the <strong>Erie</strong> <strong>County</strong> Fee Schedule for every<br />
change. The tattoo artist may not apply tattoos at the new location until he or she<br />
has received a new certificate indicating the change in assignment. The tattoo
artist may work in more than one certified facility as long as the artist has a valid<br />
certificate for each facility.<br />
(g)<br />
The registration certificate of the artist must be prominently posted in the<br />
public area of the facility where the artist is working.<br />
Section 3:<br />
Tattoo Establishment Registration<br />
(a)<br />
No person shall operate a tattoo establishment unless such person has<br />
registered such shop with the health officer and has received a registration<br />
certificate from the health officer.<br />
(b)<br />
No registration certificate shall be issued or renewed unless the shop has<br />
been inspected and found to be in compliance with the provisions of these Rules<br />
and Regulations.<br />
(c)<br />
The registration certificate must be prominently posted in the public area of the<br />
facility.<br />
(d)<br />
The registration certificate shall expire on December 31 of each year. The<br />
certificate shall be renewed annually.<br />
(e)<br />
An annual fee as per the <strong>Erie</strong> <strong>County</strong> Fee Schedule shall be assessed on the<br />
operator of the establishment.<br />
(f)<br />
Plans for new tattoo facilities or existing tattoo facilities that are to be extensively<br />
remodeled shall be submitted to the health officer. No constructions or<br />
remodeling shall take place until the health officer approves the plans.<br />
(g)<br />
Such plans and specifications shall include, at a minimum, the work room and<br />
areas, sinks, counters, storage areas, toilet facilities, sterilizing equipment area<br />
and the waiting room.
(h)<br />
An application on a form approved by the health officer and a plan review fee as<br />
per the <strong>Erie</strong> <strong>County</strong> Fee Schedule shall be submitted along with the plans.<br />
Section 4:<br />
General Physical Environment<br />
(a)<br />
The tattoo establishment must have adequate light and ventilation and all<br />
walls and ceilings shall be kept cleaned. Walls and ceilings are to be painted a<br />
light color.<br />
(b)<br />
The floor of the tattoo establishment shall be of impervious material. The floor<br />
shall be swept and wet mopped daily. Floors, walls or ceilings shall not be swept<br />
or cleaned while tattooing is in operation.<br />
(c)<br />
There shall be sufficient toilet, urinal, and hand washing facilities accessible to<br />
customers.<br />
(d)<br />
There shall be provisions for the proper and safe disposal of all types of<br />
waste products. Any material contaminated with blood must be stored in a<br />
puncture and leak proof container and disposed of in accordance with<br />
Federal, State and Local Laws and acceptable to the health officer.<br />
(e)<br />
The building and equipment shall be maintained in a state of good repair at all<br />
times. All parts of the establishment and its premises shall be kept clean, neat<br />
and free of litter, rubbish and materials not necessary to the operation of the<br />
facility.<br />
(f)<br />
Each tattoo establishment shall have a work room that may contain one or<br />
more tattoo stations where tattoos are applied. The work room must be<br />
separate and apart from the waiting room. Said work room shall be<br />
constructed so as to prevent contamination of the work room by activities
or people in the waiting area. The construction could include a wall or<br />
partition or other construction acceptable to the health officer. This room shall not<br />
be used as a corridor for access to other rooms. Patrons or customers shall be<br />
tattooed only at a tattoo station in said work room.<br />
(g)<br />
Each tattoo station shall have a hand wash facility equipped with hot and cold<br />
running water, together with such sinks and basins as may be necessary.<br />
(h)<br />
Each hand washing facility is to be provided with hand cleaning soap or<br />
detergent. Individual single service towels, warm air blowers or clean<br />
individual sections of continuous cloth are to be provided. Common towels are<br />
prohibited. Conveniently located waste receptacles are to be provided.<br />
(i)<br />
Hand washing facilities, hand washing devices and related equipment are to be<br />
kept clean and in good repair.<br />
(j)<br />
Adequate cabinets for the storage of instruments, dyes, pigments, carbon and<br />
stencils shall be provided for each artist and shall be maintained in a<br />
sanitary manner.<br />
(k)<br />
An adequate number of work tables shall be provided for each tattoo artist. The<br />
surface of all work tables shall be constructed of a material which is smooth, light<br />
colored, non-absorbent, corrosive-resistant, and easily cleaned and sanitized.<br />
(l)<br />
Live animals, with the exception of fish in aquariums and guide dogs<br />
accompanying blind persons, are prohibited from all areas of the tattoo facility.<br />
Section 5:<br />
Records and Reporting Requirements.<br />
(a)<br />
There shall be proper records maintained by the operator of a tattoo<br />
establishment for each person receiving a tattoo.
(b)<br />
A record of each patron shall be prepared prior to any procedure being<br />
performed and shall include the date on which the tattoo was applied, the<br />
name and signature, address and age of the patron, the design of the tattoo and<br />
its location on the body and the name of the tattoo artist who applied the tattoo.<br />
(c)<br />
The records shall be entered in ink or indelible pencil in a book kept solely for this<br />
purpose. This book shall be available at a reasonable time for examination by<br />
the health officer and records for each patron shall be preserved for at least three<br />
(3) years from the date of the tattoo. The signature of the patron shall be in the<br />
book.<br />
(d)<br />
The tattoo facility operator is required to keep a record of any complaint or<br />
unexpected complication associated with a tattoo applied in the operator’s<br />
tattoo facility. Information concerning the complaint is to be kept as part of the<br />
required record for each person who received a tattoo.<br />
(e)<br />
Any tattoo facility operator having actual or constructive knowledge of the<br />
occurrence of a complication of a tattoo that resulted in the treatment by a<br />
physician or medical facility must be reported to the health officer within 24<br />
hours. The report can be made in person or by telephone.<br />
Section 6:<br />
Consent<br />
(a)<br />
(b)<br />
It is unlawful to apply a tattoo to a minor.<br />
It shall be the responsibility of the person applying the tattoo to assure that<br />
the person receiving the tattoo is not a minor.<br />
(c)<br />
Identification must be submitted for each person receiving a tattoo. Acceptable<br />
identification shall include any current and valid government issued identification
card that contains a picture and a date of birth of the person requesting a tattoo.<br />
Other forms of identification may be acceptable if specifically approved by the<br />
health officer.<br />
(d)<br />
A photocopy of the identification presented must be kept as part of the required<br />
record kept for each patron that is being tattooed.<br />
(e)<br />
It shall be unlawful for any tattoo artist to perform any tattooing on an individual<br />
who appears to be under the influence of drugs or intoxicating liquor.<br />
Section 7:<br />
Procedures to be Followed in Tattooing.<br />
(a)<br />
There shall be printed or mimeographed instructions approved by the health<br />
officer given to each patron or customer on the risks involved in the tattoo<br />
requested and possible complications. It must also include the care of the skin<br />
after tattooing as a precaution to prevent infection.<br />
(b)<br />
A copy of these instructions shall also be posted in a conspicuous place in the<br />
tattoo shop, clearly visible to the person being tattooed.<br />
(c)<br />
(d)<br />
Each tattoo artist must wear a clean outer garment.<br />
No person with any disease in a communicable form or suspected of having such<br />
a disease shall engage in tattooing. Such diseases may include but shall not be<br />
limited to the acute illness phases of the common cold, influenza, tuberculosis,<br />
scabies, impetigo, syphilis, chicken pox, mumps, hepatitis, infection on hands or<br />
arms, sore throat or jaundice of the skin.<br />
(e)<br />
The health officer may require a certificate signed by a duly licensed<br />
physician stating that the person is free from communicable diseases before<br />
permission to resume tattooing is granted.
(f)<br />
Before working on each patron, a tattoo artist shall clean his or her<br />
fingernails with an individual nail file and shall thoroughly wash and scrub his or<br />
her hands with warm running water, an approved soap, and an individual hand<br />
brush.<br />
(g)<br />
The artist shall not allow his or her hands to dry without the use of towel or other<br />
mechanical means.<br />
(h)<br />
That portion of the patron’s skin to be tattooed shall be prepared by washing with<br />
warm water and an approved soap.<br />
(i)<br />
When it is necessary to shave the area to be tattooed, a new disposable razor<br />
shall be used. Once used on a patron, the razor must be disposed of. That<br />
portion of the patron’s skin to be tattooed shall be washed again with warm water<br />
and an approved soap after the area was shaved.<br />
(j)<br />
Following the cleaning and/or shaving of the patron’s skin, the tattoo artist shall<br />
again wash and scrub his or her hands as described in item (f) above.<br />
(k)<br />
The tattoo artist shall wear single service, disposable gloves when applying a<br />
tattoo. The gloves must be properly disposed of once they are used for a patron.<br />
(l)<br />
Before placing the design on the patron’s skin, the tattoo artist shall treat the skin<br />
area with an approved germicidal solution which shall be applied with sterile<br />
cotton or sterile gauze. When petroleum jelly (petrolatum) is used, it must be<br />
listed in the United States Pharmacopeia or National Formulary, and shall be<br />
applied to the area to be tattooed and it shall be in a collapsible metal or plastic<br />
tube. The application may be spread by the use of sterile gauze but not directly<br />
with the fingers.
(m)<br />
The stencil used by a tattoo artist for transferring the design to the skin shall be<br />
thoroughly cleaned and rinsed in an EPA-approved or hospital-grade germicidal<br />
solution for at least twenty (20) minutes and then it shall be dried with sterile<br />
gauze or in the air before use.<br />
(n)<br />
A media, such as deodorant or similar product, used to transfer a design from a<br />
stencil, paper or any other material, must be properly prepared prior to applying<br />
on the customer receiving a tattoo. This preparation could include rubbing the<br />
surface of the media with a clean cloth that has been soaked in a sanitizing<br />
solution, scraping off the surface of the media with a sanitized cutting instrument<br />
or any other method approved by the health officer.<br />
Section 8:<br />
Dyes or Pigments<br />
(a)<br />
In preparing dyes or pigments to be used by a tattoo artist, only nontoxic and<br />
sterile material shall be used. Single-service or individual portions of dyes or<br />
pigments in clean, sterilized, individual containers or single-service containers<br />
must be used for each person.<br />
(b)<br />
After tattooing, the remaining unused dye or pigment in the single-service or<br />
individual containers must be discarded.<br />
(c)<br />
All dyes or pigments used in tattooing shall be made for tattooing purposes only<br />
or from batches certified under the provisions of Parts 70 and 71, Food, Drug,<br />
Cosmetics Act. (21 USC 301 et seq). Tattooing with any other product is a<br />
violation of this <strong>Code</strong>.<br />
Section 9:<br />
Sterilization
(a)<br />
A set of individual, single-service, sterilized needles and sterilized tubes<br />
and bars shall be used by a tattoo artist for each new patron.<br />
(b)<br />
Tubes and bars may be reused only if they are manufactured to be reused, free<br />
of any imperfections, have been properly cleaned in a germicidal solution, and<br />
sterilized as required in this <strong>Code</strong>.<br />
(c)<br />
A sufficient number of sterilized needles, tubes and bars must be on hand to<br />
meet the needs for the entire day or night operation.<br />
(d)<br />
Sterilization at a permitted facility shall be accomplished by holding in an<br />
approved autoclave for twenty (20) minutes, at fifteen (15) pounds pressure, at a<br />
temperature of two hundred fifty (250) degrees F (121 degrees C.). Acceptable<br />
gauges, thermometers, or indicators shall be used to show that the proper<br />
temperature and pressure has been reached in the autoclave.<br />
(e)<br />
No rusty or faulty needles shall be used for tattooing. All needles and<br />
instruments after sterilization shall be handled and stored in a cabinet in such a<br />
manner as to prevent being contaminated.<br />
(f)<br />
The complete needle, needle bar and tube of the tattoo machine shall be<br />
cleaned, properly packaged and sterilized in an autoclave before each use. The<br />
package containing the sterilized equipment must have the date of sterilization.<br />
The person who operated the autoclave must initial each package. Instruments<br />
not used within fourteen (14) days of sterilization must be repackaged and<br />
sterilized prior to use.<br />
(g)<br />
The autoclave shall be operated, cleaned, and maintained according to
manufacturer’s instructions. A copy of the manufacturer’s recommended<br />
procedures for the operation of the autoclave must be available for<br />
inspection by the health officer.<br />
(h)<br />
The operator of each tattoo facility shall demonstrate, prior to use, that each<br />
autoclave used in the facility is capable of proper sterilization. Testing shall be<br />
performed in each calendar quarter during which the establishment operates.<br />
Biological indicators such as spore strips or spore solutions shall be used and<br />
verified through an independent laboratory. The name and serial number of the<br />
autoclave must appear on the results of each test. The testing laboratory’s<br />
written guidelines for the proper handling and placement of the biological<br />
indicator shall be readily available for inspection by the health officer. Results of<br />
the spore test records shall be retained for a period of three (3) years for every<br />
autoclave tested and shall be available to the health officer upon request.<br />
(i)<br />
Autoclaves that failed testing shall immediately be taken out of service. Any<br />
unused equipment that went through a sterilization process in an autoclave that<br />
failed testing must be repackaged and sterilized in an approved autoclave.<br />
(j)<br />
Pre-sterilized, single service equipment will be accepted if there is assurances<br />
from the supplier that the equipment has been sterilized following generally<br />
accepted and verifiable methods acceptable to the health officer. Any reuse of<br />
items intended to be single service is prohibited.<br />
Section 10: After Care of Tattoo<br />
(a)<br />
The completed tattoo shall be washed with a piece of sterile gauze or sterile<br />
cotton saturated with an approved germicidal solution. It shall be allowed to dry.
(b)<br />
After drying, an anti-bacterial ointment shall be applied from a collapsible<br />
metal or plastic tube. The entire area may be covered with a piece of sterile<br />
dressing, which may, in turn, be covered with a piece of tissue and fastened to<br />
the site with an approved type of adhesive.<br />
Section 11: Severability<br />
If any provision of these Rules and Regulations or the application thereof to any<br />
person or circumstances is held invalid, such invalidity shall not affect other<br />
provisions or applications of these Rules and Regulations which can be given<br />
effect without the invalid provision or application and to this end the provisions of<br />
these Regulations are declared to be severable.<br />
Section 12:<br />
Certificates and Inspections<br />
(a)<br />
Access – The permit issuing official or his designated representative is to be<br />
permitted access for purposes of inspection at all times while the tattoo<br />
establishment is in operation whether open to the public or not. Refusal of<br />
admittance, after proper identification, is cause for action to obtain certification<br />
revocation and an order to close.<br />
(b)<br />
Certificates are non-transferable from one owner or operator to another, or from<br />
one establishment location to another, or from one tattoo artist to another. The<br />
tattoo artist must be able to produce a valid certificate when engaging in the act<br />
of tattooing.<br />
(c)<br />
Inspection – The permit issuing official or his designated representative is to<br />
make inspections of each tattoo establishment within <strong>Erie</strong> <strong>County</strong> from time to
time and not less than once during the term of each certificate. During each<br />
inspection, violations of this Article are to be recorded on an inspection report<br />
form acceptable to the health officer. A copy of the inspection report is to be<br />
delivered to the person in charge at the completion of the inspection.<br />
(d)<br />
The person in charge is the individual present in a tattoo establishment who is<br />
the apparent supervisor of the establishment at the time. If no individual is the<br />
apparent supervisor, then any employee present is the person in charge.<br />
Section 13: Enforcement<br />
(a)<br />
Operation of a tattoo establishment without a valid certificate is a violation of this<br />
Article. The health officer or his designated representative may order any tattoo<br />
establishment or operation in his jurisdiction operating without a valid certificate<br />
to close and cease all tattoo operations immediately and to remain closed until<br />
the establishment or operation has obtained and displays a valid certificate.<br />
(b)<br />
For serious, repeated or persistent violations of any of the requirements of this<br />
Article or for interference with the health officer or his designated representative<br />
in the performance of his duties, the certificate may be revoked after notice and<br />
an opportunity for a hearing has been provided by the health officer.<br />
(c)<br />
The health officer may suspend a certificate and order the immediate cessation of<br />
tattoo operations within his jurisdiction when, in the opinion of the health officer,<br />
continued operation is an imminent health hazard to public health. Any person<br />
so ordered is to comply immediately and within 15 days is to be provided with an<br />
opportunity to be heard and to present proof that continued operation does not<br />
constitute a danger to the public health.
(d)<br />
A person applying a tattoo without a valid certificate issued by the health<br />
officer is in violation of this Article. The tattoo establishment operator who allows<br />
a person to apply a tattoo without a valid certificate will be subject to enforcement<br />
as described in subsection (a) of this section.<br />
(e)<br />
Suspension of certificates – Certificates may be suspended temporarily by the<br />
health officer, after notice and an opportunity to be heard, for failure of the<br />
certificate holder to comply with the requirements of this Article, or with any lawful<br />
notice or order issued by the health officer or his designated representative.<br />
(f)<br />
Closure – When action is taken to order closure and cessation of operations, the<br />
health officer or his designated representative is to:<br />
(1) Conspicuously post a notice or placard at each entrance of the<br />
establishment stating the existence of such order and the authority for such<br />
order. This order is not to be concealed, mutilated or altered by any person<br />
or removed without permission of the health officer.<br />
(2) Publish notice of the order with the reasons for the order in one or more<br />
newspapers in the <strong>County</strong> or City in which the tattoo establishment is<br />
located.<br />
(g)<br />
Hearings – The hearings provided for in this section are to be conducted by the<br />
health officer or his designated hearing officer and shall be conducted following<br />
the procedures used to adjudicate other violations of the <strong>Erie</strong> <strong>County</strong> <strong>Sanitary</strong><br />
<strong>Code</strong>, New York State <strong>Sanitary</strong> <strong>Code</strong> and the New York State Public Health Law.<br />
(h)<br />
Should a tattoo facility that is ordered closed contain more than just the tattoo<br />
facility, the operator may either close the entire facility or remove all materials
and equipment used for tattooing from the premises while the close order or<br />
suspension of the certificate is in effect.<br />
Section 14: Penalty for Violation<br />
Every person, firm, organization or corporation violating any of the provisions of<br />
this Article, or any of the orders, rules and regulations made and promulgated in<br />
pursuance hereof, after conviction thereof, shall be punished by a fine of not<br />
more than Five Hundred ($500.00) Dollars for each violation.<br />
The changes to this Article of the <strong>Erie</strong> <strong>County</strong> <strong>Sanitary</strong> <strong>Code</strong> including the amendments<br />
of 2005 become effective July 1, 2006.